Kerala High Court
Biju V.R @ Biju Vaishyanparambil vs The Secretary, Kattappana ... on 7 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
WP(C) NO. 4843 OF 2024
PETITIONER:
BIJU V.R @ BIJU VAISHYANPARAMBIL,
AGED 48 YEARS
S/O RAJAPPAN, VAISHYANPARAMBIL HOUSE, PRAKASH P.O,
THANKAMONY, IDUKKI, PIN - 685609
BY ADV JOMY K. JOSE
RESPONDENTS:
1 THE SECRETARY, KATTAPPANA MUNICIPALITY,
KATTAPPANA P.O, IDUKKI DISTRICT, PIN - 685508
2 KATTAPPANA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, KATTAPPANA P.O, IDUKKI
DISTRICT, PIN - 685508
3 DISTRICT COLLECTOR IDUKKI,
COLLECTORATE IDUKKI, KUYILIMALA, PAINAVU P.O, IDUKKI
DISTRICT, PIN - 685603
4 DISTRICT POLICE CHIEF IDUKKI,
THODUPUZHA - PULIYANMALA ROAD, IDUKKI COLONY POST,
CHERUTHONI, IDUKKI, PIN - 685602
5 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,
LSGD DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
SR.GP.SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.4843 of 2024
2
JUDGMENT
The petitioner, who is stated to be a resident in the 2 nd
respondent Municipality, has approached this Court
challenging the steps taken by the Municipality to auction
the building Nos.XVII-714, 715, 716, 717 owned by the
Municipality.
2. According to the petitioner, the said building is in
a dilapidated stage and poses an imminent threat to the
occupants and visitors. Accordingly, the petitioner
submitted Ext.P1 representation before the 1st respondent,
the Secretary of the Municipality to take action under
Section 411 of the Kerala Municipality Act in respect of the
said building. The petitioner states that, if the building is
auctioned and is occupied, that will be dangerous to the
occupants and visitors.
3. The learned Standing Counsel submits that the
auction is slated tomorrow and the building is not in a
dilapidated condition as alleged by the petitioner.
4. Heard the learned counsel for the petitioner and
the learned Government Pleader.
In the facts and circumstances of the case, there will
be a direction to the 1st respondent to consider Ext.P1
representation submitted by the petitioner, as expeditiously
as possible, at any rate, within a period of two weeks from
the date of receipt of a copy of this judgment, after hearing
the petitioner and any interested persons. Let the auction
go on as slated, however, the possession of the building
shall not be handed over till orders are passed on Ext.P1. It
will be open to the 1st respondent to call for any report from
the concerned Engineer regarding the stability / fitness of
the building.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
bng
APPENDIX OF WP(C) 4843/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER POINT OUT THE
DANGEROUS CONDITION OF THE BUILDING
DATED 03-02-2024
Exhibit P2 A TRUE COPY OF THE RECEIPT ISSUED BY
THE COLLECTORATE IDUKKI VIDE NUMBER A5-
586091/24 DATED 03-02-2024
Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY
THE DISTRICT POLICE CHIEF IDUKKI DATED
03-02-2024 VIDE PETITION NUMBER
6091/2024/ID
Exhibit P4 THE PHOTOGRAPHS SHOWING THE PRESENT
CONDITION OF THE BUILDING
Exhibit P6 A TRUE COPY OF THE AUCTION NOTICE
PUBLISHED BY THE 1ST RESPONDENT
KATTAPPANA MUNICIPALITY DATED 01-02-
