Sudharman.C vs The Feroke Municipality
2024 Latest Caselaw 9702 Ker

Kerala High Court

Sudharman.C vs The Feroke Municipality 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. 13876 OF 2024


PETITIONER(S):

            SUDHARMAN.C,
            AGED 52 YEARS
            S/O. AYYAPPAN, CHERUKAD HOUSE, PAROLE,
            PERUMUGHAM.P.O., KOZHIKODE, PIN - 673631
            BY ADVS.
            P.P.JACOB
            MARIYAM JACOB


RESPONDENT(S):

     1      THE FEROKE MUNICIPALITY,
            OFFICE OF THE MUNICIPALITY, FEROKE, KOZHIKEDE,
            REPRESENTED BY ITS SECRETARY, PIN - 673631
     2      THE, JOINT DIRECTOR,
            LSGD DEPARTMENT, OFFLCE OF THE JOINT DIRECTOR , CIVIL
            STATION,KOZHIKODE, PIN - 673020


            BY ADVS.
            SMT.DEVI SHRI R., GOVERNMENT PLEADER
            SRI.P.A. MUHAMMED SHAH, SC




     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.13876 of 2024
                                     2




                             JUDGMENT

Dated this the 04th day of April, 2024

The petitioner, stated to be an Engineer, had

obtained registration from the 1st respondent, which

enabled him to submit building plans and other

documents in terms of the Kerala Municipality Building

Rules. Alleging that a complaint was received against

him, Ext.P1 notice was issued, to which he sent Ext.P2

reply and without considering the same, the 2nd

respondent issued Ext.P3 provisional order

suspending the registration for six months and also

sought an explanation for cancellation of the

registration. The petitioner submitted that he had

preferred Ext.P4 before the 2nd respondent, but no

order has been passed.

2. Heard the learned Standing Counsel for the 1 st

respondent and the learned Government Pleader also.

3. In view of the fact that Ext.P4 is pending

before the 2nd respondent, there will be a direction to

the 2nd respondent to consider and pass orders on

Ext.P4, in accordance with law and with notice to the

petitioner and other affected parties, if any and pass

orders within six weeks from the date of receipt of a

certified copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS C.P. JUDGE NB/4-4

APPENDIX OF WP(C) 13876/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 25.11.2023 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE PHOTOCOPY OF THE EXPLANATION DATED NIL BEFORE THE SECOND RESPONDENT ON 4.12.23 EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER DATED 16.3.24 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 27.3.2024 BEFORE THE SECOND RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A.TO JUDGE