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Stanly Jose vs State Of Kerala
2023 Latest Caselaw 2195 Ker

Citation : 2023 Latest Caselaw 2195 Ker
Judgement Date : 10 February, 2023

Kerala High Court
Stanly Jose vs State Of Kerala on 10 February, 2023
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                   WP(C) NO. 4524 OF 2023
PETITIONER:

           STANLY JOSE
           AGED 54 YEARS
           S/O.K.P.JOSE, KUTTICHAKKU VEEDU, CHEMBUKAVU
           VILLAGE, KIZHAKKUMPATTUKARA, FATHIMA NAGAR,
           P.O. EAST FORT, THRISSUR DISTRICT, PIN - 680005
           BY ADVS.
           DINESH MATHEW J.MURICKEN
           K.A.ABHILASH
           VINOD S. PILLAI
           MOHAMMED THAYIB N.M.
           NAYANA VARGHESE
           AHAMMAD SACHIN K.


RESPONDENTS:

    1      STATE OF KERALA
           REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, SECRETARIAT, STATUTE
           JUNCTION, THIRUVANANTHAPURAM GENERAL.P.O.,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695001
    2      CORPORATION OF THRISSUR
           CORPORATION OF THRISSUR , MUNICIPAL OFFICE
           ROAD, THRISSUR, REPRESENTED BY ITS SECRETARY,
           PIN - 683101
    3      THE SECRETARY
           CORPORATION OF THRISSUR, CORPORATION OFFICE,
           MUNICIPAL OFFICE ROAD, THRISSUR, PIN - 683101
    4      THE ASSISTANT EXECUTIVE ENGINEER
           THRISSUR MUNICIPAL CORPORATION MUNICIPAL OFFICE
           ROAD, THRISSUR, PIN - 683101
    5      LEELA JOSE
           W/O.LATE JOSE PULIKKALVEEDU, FLAT NO.8C NAVANI
           JUBILEE PARK, CHELAKOTTUKARA.P.O., JUBILEE
           MISSION THRISSUR DISTRICT, PIN - 680007
 WP(C) NO. 4524 OF 2023

                                    2

    6          K.J.GEORGE
               S/O.K.A.JOSE E-7, SOUTH PARK APARTMENTS,
               PENTARK SQUARE, KANNAMKULANGARA ROAD, SAKTHAN
               NAGAR, THRISSUR DISTRICT, PIN - 680007
               BY ADV SANTHOSH P.PODUVAL


               SMT.PARVATHY.K-GP



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   10.02.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 4524 OF 2023

                                  3

                             JUDGMENT

The petitioner says that he has preferred Ext.P2 -

representation before the 3rd respondent - Secretary,

Corporation of Thrissur, complaining that respondents 5 and 6

have made certain illegal constructions. He seeks that said

representation will be directed to be taken up and disposed of

by the said Authority, within a time frame to be fixed by this

Court.

2. Sri.Santhosh P. Poduval - learned Standing

Counsel for the Corporation, submitted that though Ext.P6

has been received by the 3rd respondent, the enquiry into it

has not been completed. He added that any such exercise

will require respondents 5 and 6 also to be heard, and prayed

that this Court grant at least four months time to his client, to

issue appropriate orders on the said representation.

Taking note of the afore submissions and since I do not

think that the directions herein will cause any prejudice to

respondents 5 and 6, I dispose of this Writ Petition, without

issuing notices to them; directing the 3 rd respondent -

Secretary to take up Ext.P2 representation of the petitioner

and to dispose it of, but only after hearing him, as also WP(C) NO. 4524 OF 2023

respondents 5 and 6; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is

possible, but not later than four months from the date of

receipt of a copy of this judgment.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 4524 OF 2023

APPENDIX OF WP(C) 4524/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION NO.DW4/BA/103/10-11 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 23.07.2022 Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.08.2022 Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

27963 OF 2022 PASSED BY THIS HONOURABLE COURT DATED 19.09.2022 Exhibit P4 TRUE COPY OF THE RECEIPT DATED 20/10/2022 ISSUED BY THE 2ND RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P3 JUDGMENT Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.11.2022

RESPONDENTS EXHIBIT: NIL

TRUE COPY

P.A TO JUDGE

LSN

 
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