Suresh Babu K.M vs Thrissur Municipal Corporation
2024 Latest Caselaw 15052 Ker

Kerala High Court

Suresh Babu K.M vs Thrissur Municipal Corporation on 4 June, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
  TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                  WP(C) NO. 39169 OF 2017
PETITIONER:

         SURESH BABU K.M.,
         AGED 51 YEARS, S/O MADHAVAN,
         KANNOLY HOUSE,OLLUKARA PO, THRISSUR DISTRICT.

         BY ADV
         SRI.RAJIT


RESPONDENTS:

    1    THRISSUR MUNICIPAL CORPORATION,
         CORPORATION OFFICE, THRISSUR-PIN.680 001,
         REPRESENTED BY ITS SECRETARY.
    2    SECRETARY,
         THRISSUR MUNICIPAL CORPORATION,
         CORPORATION OFFICE, THRISSUR-PIN-680 001.
    3    ASSISTANT ENGINEER,
         OLLUKKARA OFFICE, THRISSUR,
         MUNICIPAL CORPORATION,THRISSUR DISTRICT.

         BY ADV
         SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 39169 OF 2017
                             2




                 M.A. ABDUL HAKHIM, J.
             -----------------------------------
               W.P.(C) No. 39169 of 2017
             -----------------------------------
            Dated this the 4th day of June, 2024

                          JUDGMENT

1. The petitioner is filed this Writ petition challenging

Ext.P13 notice. Ext.P13 was issued alleging unauthorised

construction against the petitioner. The Counsel for the

petitioner submits that the unauthorized construction

mentioned in Ext.P13 is already removed. Then it is for

the petitioner to submit necessary reply to Ext.P13 to the

respondent No.2 and convince him that the unauthorised

construction is removed for withdrawing Ext.P13.

2. In view of the aforesaid submission, this writ petition

is disposed of directing the petitioner to submit necessary

reply to Ext.P13 notice within a period of one month from

the date of receipt of a copy of this Judgment and further

directing the 2nd respondent to complete the proceedings WP(C) NO. 39169 OF 2017

initiated as per Ext.P13 after considering the Reply within

a period of two months thereafter.

Sd/-

M.A. ABDUL HAKHIM, JUDGE

S.M.K. WP(C) NO. 39169 OF 2017

APPENDIX OF WP(C) 39169/2017

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE PETITIONER IN RESPECT OF THE PROPERTY. EXHIBIT P2 TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE THRISSUR CORPORATION. EXHIBIT P3 TRUE COPY OF THE PERMISSION GRANTED BY THE THRISSUR CORPORATION.

EXHIBIT P4 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE THRISSUR MUNICIPAL CORPORATION DTD.20.5.2015 EXHIBIT P5 TRUE COPY OF THE LICENSE ISSUED BY THE THRISSUR CORPORATION TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE NOTICE DTD.27.10.2016 ISSUED TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO EXT.P7 EXHIBIT P9 TRUE COPY OF THE NOTICE DTD.1.2.2017 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DTD.8.2.2017 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE NOTICE DTD.16.6.2017 RECEIVED BY THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE REPLY DTD.25.7.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE NOTICE DTD.21.11.2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE PHOTOSTAT COPY OF THE PHOTOGRAPH.