Kerala High Court
Arumugan vs Palakkad Municipality on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
WP(C) NO. 38013 OF 2023
PETITIONER :
ARUMUGAN,
AGED 64 YEARS, S/O SHANMUGAM PILLA,
19/792, KOMBANKUZHI, KARALA STREET,
PALAKKAD, PIN - 678 001
BY ADVS.
RAJESH SIVARAMANKUTTY
MAYA C.P.
K.V.ANTONY
VIJINA K.
ARUL MURALIDHARAN
RESPONDENTS :
1 PALAKKAD MUNICIPALITY,
MUNICIPAL OFFICE, PALAKKAD,
REP. BY ITS SECRETARY, PALAKKAD,
PIN - 678 001
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD, PIN - 678 001
3 UCHIMAHALI KURUVAYOOR MARIAMMAN DEVASWOM,
REP. BY ITS SECRETARY, SULTHANPETTA JUNCTION,
PALAKKAD, PIN - 678 001
SRI.BINOY VASUDEVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38013 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.38013 of 2023
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Dated this the 16th day of November, 2023
JUDGMENT
Petitioner alleges that buildings belonging to the 3 rd respondent and
situated in the heart of Palakkad town is in a dilapidated state causing
danger not only to the occupiers but also to the passersby. Petitioner
further alleges that in the year 2018, the Municipality had directed
demolition of the building as per Ext.P2 and despite the lapse of almost 5
years, no action has been initiated apparently because of the clout of
influence wielded by the 3 rd respondent. Pointing out the inaction on the
part of the Municipality to initiate action pursuant to Ext.P2 notice, a
complaint has been submitted as Ext.P3 requesting for an immediate
action to demolish the unauthorised construction.
2. Having heard Sri.Rajesh Sivaramankutty, the learned counsel for
the petitioner as well as Sri.Binoy Vasudevan, the learned Standing
Counsel for the respondent Municipality, I am of the view that this writ
petition can be disposed of dispensing with notice to the 3 rd respondent
considering the nature of order that I propose to issue.
3. It is noticed that the Municipality had already initiated
proceedings and directed demolition of the building as per Ext.P2 dated
17.09.2018. However, nothing seems to have crystallized thereafter. As
WP(C) NO. 38013 OF 2023
the petitioner alleges that the building is still remaining in a dilapidated
state, causing great danger to the passersby as well, I am of the view
that the representation ought to be considered and disposed of in a time
bound manner, after hearing all the parties.
4. Therefore, there will be a direction to the 2 nd respondent to
consider and pass appropriate orders on Ext.P3 complaint, as
expeditiously as possible, at any rate, within a period of sixty days from
the date of receipt of a copy of this judgment, after granting an
opportunity of hearing to the petitioner as well as the 3 rd respondent.
Petitioner shall produce a copy of the writ petition along with the certified
copy of the judgment for appropriate compliance of the direction.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 38013 OF 2023
APPENDIX OF WP(C) 38013/2023
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH OF THE LIE
OF THE PROPERTY ADJOINING THE MAIN ROAD
Exhibit P2 A TRUE COPY OF THE NOTICE NO.E4-
36576/2018. DATED 17-9-2018 ISSUED BY THE
2 ND RESPONDENT TO THE 3 RD RESPONDENT
Exhibit P2(a) A TRUE COPY OF THE NOTICE DATED 8-8-2023
IN E4-24500/2023 ISSUED BY THE RIGHT TO
INFORMATION APPELLATE AUTHORITY/EXECUTIVE
ENGINEER, PALAKKAD MUNICIPALITY TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE PETITION DATED 27-9-
2023 SUBMITTED BY THE PETITIONER TO THE 2
ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 29-9-2023
ISSUED BY THE 1 ST RESPONDENT TO THE
PETITIONER
