John Mathew vs Secretary, Mavelikkara Municipality
2024 Latest Caselaw 5588 Ker

Kerala High Court

John Mathew vs Secretary, Mavelikkara Municipality on 16 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
 FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                     WP(C) NO. 11325 OF 2015
PETITIONER:

            JOHN MATHEW
            AGED 57 YEARS
            THAYYIL HOUSE, MAVELIKKARA
            BY ADVS.
            SRI.P.SREEKUMAR
            SMT.P.M.MAZNA MANSOOR
            SRI.S.PRASANTH

RESPONDENTS:

    1       SECRETARY, MAVELIKKARA MUNICIPALITY
            MUNICIPAL OFFICE, MAVELIKARA PIN - 690 101.
    2       T.C.ALEXANDER TAYIL HOUSE AVJ JUNCTION MAVELIKARA
            PIN - 690101.
    3       MAVELIKARA MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
            MAVELIKARA PIN - 690 101.

            BY ADV SRI.AJEESH K.SASI


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   16.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.© No.11325 of 2015
                               :2 :



                   P.V.KUNHIKRISHNAN, J.
          ---------------------------------------------
                  W.P.(C) No.11325 of 2015
      ------------------------------------------------------
           Dated this the 16th day of February, 2024.


                          JUDGMENT

The above writ petition is filed with the following

reliefs:

a) Issue a writ of mandamus or any other writ or order directing the 1st respondent to see that Exts.P1 and P2 orders are implemented in its letter and spirit forthwith.

b) Issue any other writ or order as is deemed fit by this Hon'ble Court in the greater interest of justice.

2. The main prayer in this writ petition is with

regard to the unauthorised construction put up by the 2 nd

respondent. This writ petition is pending before this Court

from 2015 onwards. No interim order is passed in this

writ petition. If there is any surviving grievances, the

petitioner is free to approach the Municipality with

appropriate representation and if such a representation is

received, the Municipality will give notice to the petitioner

and the 2nd respondent and thereafter, decide the matter

in accordance with law.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE smv

APPENDIX OF WP(C) 11325/2015

PETITIONER'S EXHIBITS P1- A TRUE COPY OF THE CONFIRMATION ORDER DATED 5.11.2013 ISSUED BY THE 1ST RESPONDENT (AQLONG WITH ENGLISH TRANSLATION) P2- A TRUE COPY OF THE ORDER IN APPEAL NO.1048/2013 DATED 11.12.2014 P3- A TRUE COPY OF THE ORDER DATED 11.2.2015 ISSUED BY THE SECRETARY, MAVELIKARA MUNICIPALITY (ALONG WITH ENGLISH TRANSLATION)