Kerala High Court
V.Prasad vs State Of Kerala on 23 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.6561/2024 1/3 Order Date : 23-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 6561 OF 2024
PETITIONER:
V.PRASAD, AGED 65 YEARS, S/O.VELAYUDHAN, SUNDARA BHAVAN, PULAMON
(PO), KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2. THE SECRETARY, TRIBUNAL FOR LOCAL SELF GOVERNMENT, RISHIMANGALAM,
VANCHIYOOR, THIRUVANANTHAPURAM, PIN-695035
3. THE SECRETARY, KOTTARAKKARA MUNICIPALITY, PULAMON P.O. KOTTARAKKARA,
KOLLAM DISTRICT, PIN -691531.
4. THE ASSISTANT EXECUTIVE ENGINEER, N H SUB DIVISION, PUNALUR, KOLLAM
DISTRICT, PIN-691305.
5. THE ASSISTANT EXECUTIVE ENGINEER, PWD SUB DIVISION, N.H DIVISION,
PUNALUR KOLLAM DISTRICT, PIN-691305.
6. P.G.KURIAN, PANAVILA VEEDU, KIZHAKKEKARA, PULAMON (PO),
KOTTARAKKARA, KOLLAM DISTRICT, PIN -691531.
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 stay Exhibit P6 and further direct the 3rd respondent to
restrain the 6th respondent from making further construction of his
building in violation of the building permitted issued to the 6th
respondent by the 3rd respondent, pending disposal of the above writ
petition.
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. R.REJI, M.V.THAMBAN, THARA THAMBAN, B.BIPIN, ARUN BOSE, THOMAS THOMAS
& JEENA A.V, Advocates for the petitioner, the court passed the following:
WP(C) No.6561/2024 2/3 Order Date : 23-02-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.6561 of 2024
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Dated this the 23rd day of February, 2024
ORDER
Admit.
2. The learned Government Pleader takes notice
for respondents 1, 4 and 5. The learned Standing
Counsel takes notice for the 3 rd respondent. Issue
notice by special messenger to the 6th respondent.
Notice to the 2nd respondent is dispensed with for the
time being.
3. If the construction is carried out by the 6th
respondent without necessary licence from the
Municipality and in breach of the building permit, the
Secretary shall issue stop memo with notice to the 6 th
respondent.
4. The learned Standing Counsel for the
Municipality seeks time to get instructions.
Post on 29.02.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.6561/2024 3/3 Order Date : 23-02-2024
APPENDIX OF WP(C) 6561/2024
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16.02.2024 ISSUED BY
THE VILLAGE OFFICER, KOTTARAKKARA
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 12.08.2013 FILED BY
SRI. EAPEN JOSEPH JACOB BEFORE THE SECRETARY,
KOTTARAKKARA GRAMA PANCHAYAT (NOW MUNICIPALITY)
Exhibit P3 TRUE COPY OF THE LETTER BEARING NO.NH(K)25/13 DATED
07.08.2013 ISSUED BY THE ASSISTANT ENGINEER, NATIONAL
HIGHWAY SECTION, KOTTARAKKARA
Exhibit P4 . TRUE COPY OF THE LETTER DATED 13.08.2018 BEARING
NO.E2-B523/2013 ISSUED FROM THE OFFICE OF THE
SECRETARY, KOTTARAKKARA GRAMA PANCHAYAT (NOW
MUNICIPALITY)
Exhibit P5 TRUE COPY OF THE COMMISSION REPORT IN APPEAL
Exhibit P6 TRUE COPY OF THE ORDER DATED 18.12.2014 IN APPEAL
NO.806/2013 OF THE TRIBUNAL FOR LOCAL SELF
INSTITUTIONS, THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF ORDER DATED 03.03.2015 IN W.P.(C)NO.6694
OF 2015
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 01.07.2022 IN
W.P.(C)NO.6694 OF 2015
Exhibit P9 TRUE COPY OF THE DETAILED COMPLAINT BEFORE THE 5TH
RESPONDENT (ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, SUB DIVISION, N.H. DIVISION, PUNALUR) DATED
09.02.2024
Exhibit P10 TRUE COPY OF THE PHOTOGRAPH DATED 16.02.2024 SHOWING
CONSTRUCTION OF THE ALLEGED BUILDING
Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 09.02.2024 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P12 TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING SUBMISSION
OF COMPLAINT BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 09.02.2024
