Citation : 2023 Latest Caselaw 2195 Ker
Judgement Date : 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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