C.P.Moli vs Tirur Municipality
2023 Latest Caselaw 172 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 401 OF 2023
PETITIONER:

            C.P. MOLI
            AGED 64 YEARS
            S/O. AHAMMEDKUTTY,
            CHEKIDAPURATH HOUSE, PUNNATHALA P. O.,
            TIRUR TALUK, MALAPPURAM DISTRICT,
            PIN - 676 552.

            BY ADVS.
            C.M.MOHAMMED IQUABAL
            P.ABDUL NISHAD
            RAIHANATH T.H.
            ISTINAF ABDULLAH
            MUHAMMED AMEEN


RESPONDENTS:

    1       TIRUR MUNICIPALITY
            TIRUR P. O, MALAPPURAM DISTRICT,
            REPRESENTED BY ITS SECRETARY,
            PIN - 676 101.
    2       THE SECRETARY
            TIRUR MUNICIPALITY, TIRUR P. O,
            MALAPPURAM DISTRICT, PIN - 676 101.
    3       THE DISTRICT TOWN PLANNER,
            MALAPPURAM,
            OFFICE OF THE DISTRICT TOWN PLANNER,
            UP HILL, MALAPPURAM P. O.,
            MALAPPURAM DISTRICT,
            PIN - 676 505.

            SRI. SAYED MANSOOR BAFAKHY THANGAL - SC, TIRUR
            MUNICIPALITY
            SMT. VIDYA KURIAKOSE - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.401 OF 2023

                                      2

                                JUDGMENT

The petitioner has approached this Court

challenging Exts.P8 and P10 notices issued by the 2 nd

respondent proposing action against certain

constructions made by him deviating from the

approved plan and for unauthorised change of

occupancy.

2. The learned counsel for the petitioner submits

that the petitioner has submitted Ext.P11 explanation

to Ext.P10 and has also sought for regularisation of the

construction carried out by him.

3. The learned Sanding Counsel for the

Municipality submits that by Ext.P10, the petitioner is

being afforded with an opportunity of hearing, which is

slated on 10.01.2023.

4. Since Exts.P8 and P10 are only notices and

the petitioner has already submitted Ext.P11 WP(C).No.401 OF 2023

explanation with request for regularisation, I am of the

view that, this writ petition can be disposed of with a

direction to the 2nd respondent to consider Ext.P11

after hearing the petitioner. Orders pursuant to the

hearing slated on 10.01.2023 or any adjourned date

shall be passed within a period of one month from the

date of hearing. I make it clear that, this Court has not

expressed any opinion on the merits of Ext.P11. Till

orders are passed as above, there shall not be any

coercive steps pursuant to Exts.P8 and P10.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.401 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THRIKANDIYUR VILLAGE DATED 15.04.2021.

     EXHIBIT P2        THE TRUE COPY OF THE BUILDING PERMIT
                       ISSUED    BY    THE    1ST    RESPONDENT

MUNICIPALITY DATED 18.04.2013. EXHIBIT P3 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 30.06.2016. EXHIBIT P4 THE TRUE COPY OF THE ORDER IN APPEAL NO.1142/16 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRVANANTHAPURAM DATED 26.09.2018 EXHIBIT P5 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE THRIKANDIYUR VILLAGE OFFICER DATED 28.10.2020.

EXHIBIT P6 THE TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 1ST RESPONDENT MUNICIPALITY DATED 23.10.2020.

EXHIBIT P7 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 05.08.2022.

EXHIBIT P8 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 05.12.2022. EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 2ND RESPONDENT DATED 20.12.2022.

EXHIBIT P10 THE TRUE COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY DATED 03.01.2023. EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE 2ND RESPONDENT DATED 04.01.2023.

RESPONDENTS EXHIBITS: NIL.