Kerala High Court
C. Wilson vs Kollam Municipal Corporation, ... on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 4986 OF 2024
PETITIONER(S):
C. WILSON,
AGED 74 YEARS
S/O CHAKO, SMRITHI, VISHNATHU KAVU NAGAR
24,THIRUMULLAVARAM,KOLLAM, PIN - 691012
BY ADVS.
JOHNSON GOMEZ
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
DEEBU R.
ABIN JACOB MATHEW
RESPONDENT(S):
1 KOLLAM MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY,
NH 66, NEAR RAILWAY STATION, STADIUM BACK ROAD,KARBALA,KOLLAM,
PIN - 691001
2 SECRETARY, KOLLAM MUNICIPAL CORPORATION,
NH 66, NEAR RAILWAY STATION, STADIUM BACK ROAD, KARBALA,
KOLLAM, PIN - 691001
3 THE ASSISTANT ENGINEER,
CORPORATION ZONAL OFFICE, SAKTHIKULANGARA,KOLLAM, PIN - 691581
4 JAYAKRISHNAN T.G.,
AGED 40 YEARS
S/O GOPALA KRISHNAN T. K., KOUSTHUBHAM, NEXT HOUSE, VISHNATHU
KAVU NAGAR 24, THIRUMULLAVARAM, KOLLAM, PIN - 691012
5 PRIYADA V. VALSAN,
AGED 35 YEARS
W/O JAYAKRISHNAN T. G., NEXT HOUSE, VISHNATHU KAVU NAGAR 24,
THIRUMULLAVARAM,KOLLAM, PIN - 691012
BY ADVS.
SRI.S.SREEKUMAR(KOLLAM), SC
R.REJI
M.V.THAMBAN(K/364/1986)
THARA THAMBAN(K/497/2001)
B.BIPIN(K/297/2007)
ARUN BOSE(K/140/2013)
JEENA A.V.(K/1146/2006)
THOMAS THOMAS(K/1181/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.4986 of 2024
2
JUDGMENT
Dated this the 04th day of April, 2024
This writ petition is filed, seeking a direction to the
2nd respondent to remove the unauthorised construction
allegedly made by respondents 4 and 5.
2. The learned Counsel appearing for respondents 4
and 5 submits that the writ petition is filed challenging the
provisional order. Later, final orders were passed on
17.01.2024, which was challenged before the Tribunal for
Local Self Government Institutions in Appeal No.110/2024.
The Tribunal had passed an order staying the execution of
the final order.
3. Under such circumstances, nothing more is to be
decided in this writ petition. It will be open for the writ
petitioner to approach the Tribunal for getting himself
impleaded in the said proceedings or for other appropriate
orders.
Subject to the above, the writ petition is closed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
NB/4-4
APPENDIX OF WP(C) 4986/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 212/1994 OF
KOLLAM SRO ALONG WITH THE SITE PLAN
EXHIBIT P2 A TRUE COPY OF THE ASSET REGISTER REGARDING
"VISHNATHUKAVU NAGAR ROAD", STARTING FROM
THIRUVALLA NAGAR ROAD
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 10.10.2022
ALONG WITH THE RECEIPT DATED 10.10.2022
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 04.11.2022
EXHIBIT P5 A TRUE COPY OF THE NOTICE NO. S2/TP/4948/22 DATED
24.11.2022
EXHIBIT P6 A TRUE COPY OF THE HEARING NOTES DATED 02.12.2022
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 08.12.2022
FORWARDING THE RESURVEY PLAN AND SKETCH TOGETHER
WITH THE BTR CERTIFICATE ISSUED BY THE VILLAGE
OFFICER AND PHOTOGRAPHS
EXHIBIT P8 A TRUE COPY OF THE NOTICE NO.S2/TP /4948/23 DATED
EXHIBIT P9 A TRUE COPY OF THE FINAL ORDER NO. SZ/TP1/4948/22
ISSUED BY RESPONDENT NO. 2 DATED 17/01/2024
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 29/02/2024 IN IA NO
282/2024 IN APPEAL NO. 110/2024
RESPONDENT EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
