Kerala High Court
Rayees M.M vs Beena Thomas on 4 April, 2024
WP(C) No.26712/2023 1/3 Order Date : 04-04-2024
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. 26712 OF 2023
PETITIONERS
1. RAYEES M.M, AGED 39 YEARS,S/O.HAMSA K, RESIDING AT 49/1043, SAFA,
NADAKKAVU PO, KOZHIKODE, PIN - 673011
2. CHELLA DURAI, AGED 51 YEARS, S/O. CHINNAKURUPPAN, RESIDING AT JAYA
NIVAS, TALI, KOZHIKODE, PIN - 673002
RESPONDENTS:
1. BEENA THOMAS, AGED 54 YEARS, W/O.THOMAS, RESIDING AT KAILAS
APARTMENTS, THOTTUNGAL HOUSE, I T ROAD, GOVINDAPURAM P.O,
KOZHIKODE,PIN - 673016
2. THE KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION
BUILDING,GANDHI ROAD, KOZHIKODE,PIN - 673032
3. THE SECRETARY, KOZHIKODE CORPORATION,CORPORATION BUILDING,GANDHI
ROAD, KOZHIKODE,PIN - 673032
4. THE HEALTH OFFICER, KOZHIKODE CORPORATION,CORPORATION
BUILDING,GANDHI ROAD, KOZHIKODE,PIN -673032
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 direct respondents 2 to 4 to demolish the temporary enclosure
made by the 1st respondent in front of her shop room blocking the access
and convenient ingress and egress to the remaining shop rooms in the same
building pending disposal of this Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
05/03/2024 and upon hearing the arguments of M/S.P.A.HARISH, V.V.SURENDRAN
& ASWATHI C., Advocates for the petitioners and M/S. K.B.PRADEEP &
HARISANKAR R, Advocates for R1 and of G.SANTHOSH KUMAR (P)., Advocate for
R2 to R4, the court passed the following:
WP(C) No.26712/2023 2/3 Order Date : 04-04-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) Nos. 26712, 30498 of 2023 and
11309 of 2024
========================
Dated this the 4th day of April, 2024
ORDER
Petitioners in W.P.(C.) No.26712 of 2023 points out that
the Corporation passed Ext.P5 notice dated 24.12.2019. It is
also stated that the said notice was challenged in a suit
wherein initially there was an interim order staying the
operation, but later, Ext.P6 was vacated, and that is become
final.
The corporation will take further steps in accordance
with law pursuant to Ext.P5, in case there is no order staying
the operation of Ext.P5 at present. A report shall be filed by
the corporation.
Post on 07.06.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.26712/2023 3/3 Order Date : 04-04-2024
APPENDIX OF WP(C) 26712/2023
Exhibit P1 A TRUE COPY OF THE REPORT FILED BY KHALEEL O.P. THE
ADVOCATE COMMISSIONER APPOINTED IN O.S. 141/2022 ON THE
FILE OF THE 1ST ADDITIONAL MUNSIFF COURT - KOZHIKODE
DATED 30.06.2022
Exhibit P2 A TRUE COPY OF THE ORDER IN I.A. 02/2022 IN O.S.
141/2022 DATED 10.01.2023 ON THE FILE OF THE ADDITIONAL
MUNSIFF-I, KOZHIKODE
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE
COURT IN O.P. (C) 548/2023 DATED 02.03.2023
Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN
W.P. (C) 17254/2019 DATED 26.10.2019
Exhibit P5 A TRUE COPY OF THE NOTICE DATED 24.12.2019 ISSUED BY
THE 4TH RESPONDENT TO THE 1ST RESPONDENT
Exhibit P6 A TRUE COPY OF THE ORDER IN I.A. 2/2020 IN O.S. 60/2020
DATED 13.04.2023 ON THE FILE OF THE ADDITIONAL MUNSIFF-
I, KOZHIKODE
Exhibit P7 A TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST
PETITIONER TO THE 3RD RESPONDENT DATED 03.05.2023
Exhibit P8 THE RECEIPT DATED 03.05.2023 ISSUED FROM THE OFFICE OF
THE 3RD RESPONDENT EVIDENCING RECEIPT OF EXT. P7
Exhibit P9 A TRUE COPY OF THE LAWYER NOTICE DATED 01.06.2023
Exhibit P10 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED
02.06.2023
Exhibit P11 A true copy of the few photographs showing the nature
of obstruction
Exhibit P12 A true copy of the few photographs showing the illegal
enclosure made of wire mesh in front of the shop room
occupied by the 1st respondent
Exhibit P13 A true copy of the order in I.A.23/2023 in O.S.
141/2022 dated 22.12.2023 on the file of the Additional
Munsiff I, Kozhikode
EXHIBIT R1-D True copy of the reply letter dated 1-3-2024
EXHIBIT R1-B True copy of the reply dated dt.20-1-2024.
EXHIBIT R-1A True copy of the application for license on 15-01-2024.
EXHIBIT R1-C True copy of the undertaking to the respondent on
24-02-2023.
EXHIBIT R1-E True copy of the acknowledged by the Corporation
dt.01-03-2024
