Madrassathul Ulumul Isalmia Dars ... vs The Secretary
2023 Latest Caselaw 10996 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                   WP(C) NO. 35162 OF 2023


PETITIONER:

          MADRASSATHUL ULUMUL ISALMIA DARS COMMITTEE
          CAMP BAZAR,
          JUMA MASJID COMPOUND, KANNUR
          REPRESENTED BY ITS PRESIDENT,
          V.M MUHAMMED FAIZAL,
          S/O ABDUL RASAK,
          AGED 60 YEARS
          RESIDING AT VMP HOUSE, P.O. ALAVIL,
          KANNUR DISTRCIT, PIN - 670008

          BY ADVS.
          ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          E.MOHAMMED SHAFI
          PRAJIT RATNAKARAN


RESPONDENT:

    1     THE SECRETARY
          KANNUR MUNICIPAL CORPORATION,
          P B NO 39, KANNUR, PIN - 670001

    2     REGIONAL FIRE OFFICER
          FIRE AND RESCUE SERVICES,
          KANNUR, PIN - 670001

    3     CHIEF TOWN PLANNER
          VIGILLANCE, LSG DEPARTMENT,
 W.P.(C).No.35162 of 2023
                                     -:2:-




             VIGILLANCE WING,
             TRIVANDRUM, PIN - 695033

     4       PURUSHOTHAMAN.C.M
             S/O. KUNHIKKANNAN AYYATHAN NIVAS,
             EACHOOR.P.O, KANNUR DISTRICT, PIN - 670591

     5       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY
             LSG DEPARTMENT GOVERNMENT SECRETARIAT
             THIRUVANANTHAPURAM, PIN - 695001

             BY ADV.
             M.MEENA JOHN
             STANDING COUNSEL


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.10.2023,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.35162 of 2023
                                     -:3:-




                       BECHU KURIAN THOMAS, J.
                      --------------------------------------
                        W.P.(C).No.35162 of 2023
                      --------------------------------------
                  Dated this the 26th day of October, 2023


                                JUDGMENT

Petitioner alleges that, the 4th respondent is constructing a

commercial building in violation of the Building Rules and hence, he

preferred a complaint before the 1 st respondent. According to the

petitioner, the width of the access road is wrongly shown by the 4 th

respondent as more than 3.66 metres, while the actual width is less

than 3 metres. With the actual width, a No Objection Certificate from

the Fire and Rescue Services could not have been obtained and alleged

that, the said construction is contrary to law. It was also pointed out

that, the 4th respondent has even shown petitioner's building as a

structure to be demolished, which is wholly incorrect and without any

basis. The building permit if any, was obtained by the 4 th respondent

after misleading the authorities and therefore, petitioner's complaint is

liable to be considered.

2. Having heard the learned counsel for the petitioner and the

learned Standing Counsel for the 1st respondent, I am of the view that,

this writ petition can be disposed of dispensing with notice to the 4 th W.P.(C).No.35162 of 2023

respondent considering the nature of order that is proposed to be

issued.

3. Petitioner has, in Ext.P7 representation, pointed out that the

building being constructed by the 4 th respondent is violating the Building

Rules on various grounds. He has also alleged that, the authorities have

been misled through false representations. Since the complaint is

already pending before the 1st respondent, I am of the view that, it is the

bounden duty of the 1st respondent to take a decision on the complaint

in a time bound manner, after hearing the complainant and the person

aggrieved.

4. Hence, there will be a direction to the 1 st respondent to

consider and pass appropriate orders on Ext.P7 representation as

expeditiously as possible, at any rate, within a period of 60 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 4th respondent.

Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/26.10.23.

W.P.(C).No.35162 of 2023

APPENDIX OF W.P.(C).No.35162/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DOCUMENT NO. 1290/1963 DATED 23.07.1963.

Exhibit P2 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06.03.2023.

Exhibit P3 A TRUE COY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.10.2022.

Exhibit P4 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT ON 13.10.2022.

Exhibit P5 A TRUE COPY OF THE SITE PLAN SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT DATED 18.11.2022.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 26.09.2023.

Exhibit P8 A TRUE COPY OF THE REPLY DATED 13.09.2023