K.A.Joy vs District Collector
2022 Latest Caselaw 5728 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 17189 OF 2022
PETITIONER/S:

           K.A.JOY, AGED 66 YEARS
           KUDILIL HOUSE, KAKKAD, PIRAVOM,
           ERNAKULAM DISTRICT PIN-686664

           BY ADV JIBU P THOMAS



RESPONDENTS:

    1      DISTRICT COLLECTOR ERNAKULAM,
           CIVIL STATION, KAKKANAD, ERNAKULAM-682030

    2      THE REVENUE DIVISIONAL OFFICER
           MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE,
           MUVATTUPUZHA- 686673

    3      PIRAVOM MUNICIPALITY
           REPRESENTED BY ITS SECRETARY,
           MUNICIPALITY OFFICE, PIRAVOM P.O ERNAKULAM- 686664

    4      THE SECRETARY,
           PIRAVOM MUNICIPALITY,
           MUNICIPALITY OFFICE, PIRAVOM P.O, ERNAKULAM- 686664

    5      THAMPI V.S,
           AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER
           VARAKUKALAYIL HOUSE, KAKKADU, PIRAVOM,
           ERNAKULAM- 686664

    6      THANKAMMA V.S,
           AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER
           VARAKUKALAYIL HOUSE, KAKKADU, PIRAVOM, ERNAKULAM-
           686664

           R BY ADV.PRINCY XAVIER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17189 OF 2022       ..2..




                      JUDGMENT

The petitioner states to be the owner and in

possession of 1.21 ares of property comprised in

Sy.No.638/8-2-4-3 of Piravom Village in Muvattupuzha

Taluk. According to the petitioner, respondents 5 and 6

are his immediate neighbours and there are certain trees

standing in the property of respondents 5 and 6, causing

imminent danger to the petitioner. Aggrieved by the

same, the petitioner has filed Ext.P1 complaint before the

2nd respondent/ RDO. The 2nd respondent/RDO has made

over Ext.P1 application to the 4th respondent and is

pending consideration before the 4 th respondent

Secretary. The limited relief sought for at this stage is

for a direction to the 4th respondent Secretary to

consider Ext.P1 complaint.

2. Heard the learned Counsel for the petitioner,

learned Government Pleader and the learned Standing WP(C) NO. 17189 OF 2022 ..3..

Counsel for the Municipality. In the nature of the

direction I propose to pass, notice to respondents 5 and 6

is dispensed with.

3. Since Ext.P1 complaint is stated to be made over

to the 4th respondent Secretary, who is the authority to

take action under Section 412 of the Kerala Municipality

Act, 1994, there will be a direction to the 4 th respondent

Secretary to consider Ext.P1 complaint and take a

decision thereon, after hearing the petitioner and

respondents 5 and 6, in accordance with law, at any rate

within a period of two weeks from the date of receipt of a

copy of this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

                          MURALI PURUSHOTHAMAN
                                 JUDGE
SB/27/05/2022
 WP(C) NO. 17189 OF 2022        ..4..

               APPENDIX OF WP(C) 17189/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE COMPLIANT DATED 25.10.2021

FILED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE LETTER DATED 25.10.2021 OF THE RDO, MUVATTUPUZHA TO THE 3RD RESPONDENT