Kerala High Court
K.Madhuraj vs The Secretary on 22 March, 2022
WP(C) No.21632/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS.JUSTICE ANU SIVARAMAN
Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944
WP(C) NO.21632 OF 2021(D)
PETITIONERS:
1. K.MADHURAJ, AGED 55 YEARS, S/O. K.P.A PILLAI (LATE), KUMARAMKANDATH,
ATLAS CELESTIAL PARK, ACP 428 (4TH FLOOR), NAYATHODU P.O, ANGAMALY,
ERNAKULAM DISTRICT-683 572
2. ATLAS CELESTIAL PARK APARTMENT OWNERS ASSOCIATION, REG. NO.
EKM/TC885/2014, NAYATHODU P.O, ANGAMALY, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, SRI. SAJITH J.M, AGED 43 YEARS, S/O.
LATE M.T. YOHANNAN, RESIDING IN FLAT NO. ACP-121, 1ST FLOOR, ATLAS
CELESTIAL PARK, NAYATHODE P.O, ANGAMALY-683 572.
RESPONDENTS:
1. THE SECRETARY, ANGAMALY MUNICIPALITY, ANGAMALY, ERNAKULAM
DISTRICT-683 572
2. M/S.ATLASGOLD TOWNSHIPS (INDIA) PRIVATE LIMITED, NEAR TO FEDERAL
BANK, VAPPALASSERY P.O, ANGAMALY, ERNAKULAM DISTRICT-683 572,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
3. ATLAS CELESTIAL PARK OWNERS ASSOCIATION, (REGISTRATION
NO.EKM/TC/70/2015) NSS JUNCTION, NAYATHODE P.O, NEDUMBASSERY,
ERNAKULAM DISTRICT-683 572, REPRESENTED BY ITS SECRETARY.
4. JASIN JOSE, INSOLVENCY PROFESSIONAL HOLDER, RESOLUTION PROFESSIONAL
OF THE CORPORATE DEBTOR, M/S.ATLAS GOLD TOWNSHIPS (INDIA) (P.) LTD,
HAVING OFFICE AT PONMATTOMMADASSERY HOUSE, MOOKKANNUR P.O. ERNAKULAM
DISTRICT-683 577.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to forthwith take appropriate action
under Rule 18 of the Kerala Municipality Building Rules, against the
evolutions and violations carried out by the 2nd respondent, in violation
of the initial building permit of the apartment namely Atlas Celestial
Park, Phase-1, which is situated in Re.Sy. Nos. 292/12/2, 293/3, 293/4/2,
293/5/3, 293/6/2, 293/6/3, 293/8/2, 293/9/2, 293/33/2 and 293/10, of
Angamaly Village in Ward No.XIV of Angamaly Municipality and direct the 1st
respondent to demolish all illegal constructions carried out in violation
of the building permit, pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S ANOOP.V.NAIR, RAMESH CHAND, DEVI P. & A.K.ANANDA KRISHNAN, Advocates
for the petitioners and of ANIL K.MUHAMED, STANDING COUNSEL for the
respondent 1, the court passed the following:
WP(C) No.21632/2021 2/3
ORDER
Admit.
Learned Standing Counsel takes notice for 1st respondent. Issue
notice to respondents 2 to 4 by speed post or by e-mail.
The 1st respondent shall place an affidavit on record showing the
steps taken pursuant to Ext.P7 judgment.
Post immediately after holidays.
Sd/- ANU SIVARAMAN JUDGE
22-03-2022 /True Copy/ Assistant Registrar
WP(C) No.21632/2021 3/3
APPENDIX OF WP(C) 21632/2021
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 29196/2017,
DATED 20.02.2019, PASSED BY THIS HON'BLE COURT.
