V.Vijeesh vs The Secretary, Perumbavoor ...
2024 Latest Caselaw 9635 Ker

Kerala High Court

V.Vijeesh vs The Secretary, Perumbavoor ... on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                             WP(C) NO. 1588 OF 2013


PETITIONER:

              V. VIJESH
              AGED 34 YEARS, S/O VIDHYADHARAN, SREE BHAVAN,
              IRINGOLE P.O, PERUMBAVOOR, ERNAKULAM DISTRICT

              BY ADVS.
              SRI.SAJI SANKARAN NAIR
              SRI.E.JIJOBAL



RESPONDENTS:

     1        THE SECRETARY, PERUMBAVOOR MUNCIPLAITY
              PERUMBAVOOR P.O, ERNAKULAM DISTRICT - 683542

     2        THE PERUMBAVOOR MUNICIPALITY
              PERUMBAVOOR, ERNAKULAM DISTRICT
              REPRESENTED BY ITS SECRETARY, PIN - 683542

              BY ADV.
              SRI. V.M. KURIAN



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1588 OF 2013


                                   2


              P.V.KUNHIKRISHNAN, J.
          --------------------------------------------
               W.P.(C) No.1588 of 2013
         ----------------------------------------------
       Dated this the 04th day of April, 2024



                           JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) call for the records leading to Ext.P3 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to regularize the construction made by the petitioner covered under a building permit, BA.No.276-08-09, of the 2nd respondent; and

(iii) grant such other and further relief as this Hon'ble court may deem fit and proper in the interest of justice." SIC WP(C) NO. 1588 OF 2013

2. Ext.P3 is the impugned order in this case.

Admittedly, Ext.P3 is only a provisional order issued

under Section 406(1) of the Municipality Act. When

this writ petition came up for consideration on

16.01.2013, this Court stayed the demolition of the

structure put up by the petitioner. The interim order

is in force even now.

3. I am of the considered opinion that this writ

petition need not be retained here. The petitioner can

be allowed to submit his objection to Ext.P3 and based

on the same, the Municipality can pass final orders, in

accordance with law.

Therefore, this Writ Petition is disposed of with

the following directions:

WP(C) NO. 1588 OF 2013

i. The petitioner is free to submit his objection to

Ext.P3, within a period of 30 days from the

date of receipt of a copy of this judgment.

ii. Once the objection is received, the 1st

respondent will consider the same and pass

appropriate orders in it, in accordance with

law.

iii. Till final orders are passed, the interim order

passed by this Court against the demolition

of the structure, will continue.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 1588 OF 2013

APPENDIX OF WP(C) 1588/2013

PETITIONER EXHIBITS

EXT.P1- PHOTOCOPY OF THE ORDER DTD. 28.09.2011 IN APPEAL NO.543/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXT.P2- PHOTOCOPY OF THE ORDER DTD. 28.01.2012 IN APPEAL NO.824/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXT.P3- PHOTOCOPY OF THE NOTICE-CUM- ORDER DTD. 28.05.2012 ISSUED BY THE 1ST RESPONDENT.

EXT.P4- PHOTOGRAPH SHOWING THE ELEVATION OF THE TRESS WORK.

RESPONDENTS EXHIBITS :        NIL


                         //TRUE COPY//

                          PA TO JUDGE