Sivan S vs Palakkad Municipality
2023 Latest Caselaw 3892 Ker

WP(C) No.10867/2023                      1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
                              WP(C) NO. 10867 OF 2023
   PETITIONERS:

      1. SIVAN S, AGED 57 YEARS, S/O. LATE SUBRAMANIAN, 'ANJANA',
         THIRUPURACKAL NAGAR, VADAKKANTHARA POST, PALAKKAD, PIN - 678012.
      2. GANESAN A, AGED 58 YEARS, S/O. ACHUTHA MOOTHAN ALIAS, ACHUKUTTY
         MOOTHAN, SREE GANESH BHAVAN, THIRUPURACKAL NAGAR, VADAKKANTHARA
         POST, PALAKKAD, PIN - 678012.

   RESPONDENTS:

      1. PALAKKAD MUNICIPALITY, PALAKKAD - 678001, REPRESENTED BY THE
         SECRETARY.
      2. THE SECRETARY, PALAKKAD MUNCIPALITY, PALAKKAD, PIN - 678001.
      3. SWARNAM R, W/O LATE KC MUTHU, AGED 72, KALAMPUZHA, PALLIPPURAM POST,
         MEPPARAMBU, PALAKKAD, PIN - 678006.


        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 stay all proceedings in furtherance to the order dated
   25-02-2023 passed by the respondent no. 2 which is dealt with in Exhibits
   P2, P4 & P6, pending disposal of this Writ Petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. SAJAN VARGHEESE K., LIJU. M.P, JOPHY POTHEN KANDANKARY Advocates for
   the petitioners and of SHRI.BINOY VASUDEVAN, Standing counsel for R1, the
   court passed the following:
 WP(C) No.10867/2023                        2/3



                               ANU SIVARAMAN, J.
                         =========================
                             W.P.(C) No.10867 of 2023
                         =========================
                            Dated this the 30th day of March, 2023
                                        ORDER

Issue notice to the 3rd respondent by speed post.

2. Heard the learned counsel for the petitioners and the

learned counsel appearing for the respondents 1 and 2.

3. It is submitted by the learned counsel for the petitioners

that the petitioners were not put on notice or heard before the

order was passed granting permission to the 3 rd respondent to

place a slab over the canal for access to her property. It is

submitted that Ext.P1 specifically directed that the petitioners as

well as the 3rd respondent shall be given reasonable opportunity

of being heard before orders are passed and that the said

direction has been observed only in its breach.

In the above view of the matter, there will be an interim

stay of further proceedings pursuant to the decision of the

municipal council dated 25/2/2023 till orders are passed in

accordance with Ext.P3 after hearing both parties.

Sd/-

                                                             ANU SIVARAMAN
                                                                JUDGE
        ska
 WP(C) No.10867/2023                 3/3

                       APPENDIX OF WP(C) 10867/2023
Exhibit P1            TRUE COPY OF THE JUDGMENT DATED 27-05-2020 PASSED IN

WP(C) NO.10389/2020 ON THE FILE OF THIS HONOURABLE COURT Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 24-03-2023 SUBMITTED BEFORE THE RESPONDENT NO.2 BY THE PETITIONERS Exhibit P3 TRUE COPY OF THE RECEIPT DATED 24-03-2023 ISSUED ON ACCEPTING EXHIBIT P2 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 24-03-2023 SUBMITTED INVOKING RIGHT TO INFORMATION ACT Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED ON ACCEPTING EXHIBIT P4 Exhibit P6 TRUE COPY OF THE APPLICATION DATED 25-03-2023 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER NO.1 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED ON ACCEPTING EXHIBIT P6