Kerala High Court
Nicolas P. Dias vs The Secretary on 6 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.3711/2024 1/4 Order Date : 06-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 6th day of February 2024 / 17th Magha, 1945
WP(C) NO. 3711 OF 2024
PETITIONER:
NICOLAS P. DIAS, AGED 75 YEARS, MERCY VILLA, CLUB JUNCTION,
VAZHAKALA VILLAGE, EDAPALLY P.O., KANAYANNUR TALUK, ERNAKULAM
DISTRICT, KOCHI-682 024.
RESPONDENTS:
1. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER,
NANTHANCODE, THIRUVANATHAPURAM, PIN - 695003
3. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CIVIL
STATION, KAKKANAD ERNAKULAM, KOCHI, PIN - 682030
4. THRIKKAKARA MUNICIPAL COUNCIL, THRIKKAKARA MUNICIPALITY, THRIKKARA,
ERNAKULAM, KOCHI, REPRESENTED BY ITS SECRETARY, PIN - 682030
5. THE SECRETARY, THRIKKAKARA MUNICIPALITY, THRIKKARA, ERNAKULAM,
KOCHI, PIN - 682030
6. M.K. ABOOBACKER, AGED 59 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682030
7. M.K. UMMER, AGED 57 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682030
8. M.K. ABDUL SALAM, AGED 46 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682030
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 the directing the 5th respondent to prevent all further
constructions being undertaken by respondents 6 to 8 as complained in
Exhibits P6 to P8 in the property having extent 18.68 Are comprised in Re-
Survey No.23/21 of Vazhakala Village, pending disposal of the above Writ
Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S V.N.SANKARJEE, V.N.MADHUSUDANAN, R.UDAYA JYOTHI, M.M.VINOD, M.SUSEELA,
KEERTHI B. CHANDRAN, VIJAYAN PILLAI P.K., C.PURUSHOTHAMAN NAIR & SINEESH
K.M., Advocates for the petitioner, SRI.S.JAMAL STANDING COUNSEL for R4 &
WP(C) No.3711/2024 2/4 Order Date : 06-02-2024
R5 and of M/S. C.S.AJITH PRAKASH, T.K.DEVARAJAN, BABU M., ANCY THANKACHAN,
NIDHIN RAJ VETTIKKADAN, AKASH JOSHI & KRISHNENDU.D, Advocates for R6 to
R8, the court passed the following:
WP(C) No.3711/2024 3/4 Order Date : 06-02-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.3711 OF 2024.
-------------------------------------------------
Dated this the 6th day of February, 2024
ORDER
It is submitted by the learned Standing Counsel for
the Municipality that pursuant to the judgment of this
Court, an order has been passed on 04.01.2024.
The learned Standing Counsel to place on record the
said order.
Post on 14.02.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.06.02.2024.
WP(C) No.3711/2024 4/4 Order Date : 06-02-2024
PPENDIX OF WP(C) 3711/2024
Exhibit P-6 TRUE COPY OF THE COMPLAINT DATED 19.1.2024 SUBMITTED BY
THE PETITIONER TO THE 5TH RESPONDENT TOGETHER WITH
POSTAL RECEIPT AND POSTAL ACKNOWLEDGMENT
Exhibit P-7 TRUE COPY OF THE PRINT OUT OF E-MAIL DATED 19.1.2024
FROM THE EMAIL ID- [email protected] TO THE EMAIL
[email protected]
Exhibit P-8 TRUE COPY OF THE KSMART ACKNOWLEDGMENT DATED 24.1.2024
