Kerala High Court
Mohammed Shafi vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 6580 OF 2016
PETITIONERS:
1 MOHAMMED SHAFI
AGED 32 YEARS, S/O. POKER, CHEMBAKATTU HOUSE,
NIRAMARATHUR AMSOM, KALAD DESOM, TIRUR,
MALAPPURAM.
2 YOUNUS
AGED 34 YEARS
S/O. ALI, VADAKKEPURATHU HOUSE, NIRAMARATHUR
AMSOM, KALAD DESOM, TIRUR, MALAPPURAM.
BY ADV SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY
NIRAMARUTHUR GRAMA PANCHAYATH, NIRAMARUTHUR P.O.,
TIRUR, MALAPPURAM-676 109.
3 NIRAMARUTHUR GRAMA PANCHAYATH
NIRAMARUTHUR P.O., TIRUR, MALAPPURAM-676 109,
REPRESENTED BY ITS SECRETARY.
4 THOTTOKANDI ABDU
SECRETARY, KOYAPPAPA MASJID, KALAD
NIRAMARUTHUR-676 109.
5 KOYA
S/O. HAMSA MADAMBATT, SECRETARY,
SHARAFUL ISLAM MADRASA COMMITTEE, KALAD,
NIRAMARUTHUR, PIN-676 109.
6 DISTRICT COLLECTOR
MALAPPURAM-676 001.
BY ADVS.SRI.K.K.MOHAMED RAVUF
SRI RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.6580/2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.6580 of 2016
----------------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
commanding the respondents 2 & 3 to take
immediate steps to stop the construction effected
by the respondents 4 and 5 on the basis of Exts.
P4 to P6.
ii. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
commanding the respondents 1 & 2 to take
immediate steps to demolish the illegal
construction effected by the respondents 4 and 5
constructed in violation of the building Rules and
without permit;
iii. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
commanding the respondents 1 & 2 to forthwith
initiate further steps based on Exts. P4 to P6
within a time frame to be fixed by this Hon'ble
Court and further direct that till such time the
construction effected by the respondents 4 and 5
is kept in abeyance.
iv. Issue such other writ, appropriate order or
direction as this Hon'ble Court deems fit and
proper considering the facts and circumstances of
the case. (SIC)
2. When this writ petition came up for consideration
on 22.02.2016, this Court passed the following order:
"Admit.
The Government Pleader takes notice for R1
and R6. Standing Counsel Sri.B.S.Syamanthak takes
notice for R2 and R3. Urgent notice to R4 and R5.
Ext.P6 stop memo shall be enforced if the
same has not been interdicted by any other forum."
3. The counsel for the 5th respondent submitted that a
regularization application is filed before the Panchayat and the
receipt is Ext.R5(b). If that be the case, the Panchayat will
consider the same in accordance with law, with notice to the
petitioner.
Recording the interim order dated 22.02.2016 and also
directing the the Panchayat to consider the application for
regularization as evidenced by Ext.R5(b), this writ petition is
disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 6580/2016
PETITIONER EXHIBITS
P1 : COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 2ND RESPONDENT ON
24.8.2015.
P2 : COPY OF THE RECEIPT
DTD.25.8.2015.
P3 : COPY OF THE REPLY.
P4 : COPY OF THE NOTICE DTD.30.8.2015
BEARING NO.A3.4445/2015.
P5 : COPY OF THE NOTICE DTD.30.8.2015
BEARING NO.A3.4444/2015.
P6 : COPY OF THE NOTICE
DTD.21.10.2015.
