Ayyappan vs Varkala Municipality
2024 Latest Caselaw 16466 Ker

Kerala High Court

Ayyappan vs Varkala Municipality on 11 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

          TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

                           WP(C) NO. 18171 OF 2017

PETITIONER/S:

            AYYAPPAN
            AGED 44 YEARS
            S/O. MARIAPPAN ACHARY,REVATHY NIVAS, VARKALA
            VILLAGE,THIRUVANANTHAPURAM PIN-695141

            BY ADVS.
            SRI.K.P.SUJESH KUMAR
            SMT.KEERTHI K.NARAYANAN



RESPONDENT/S:

     1      VARKALA MUNICIPALITY
            VARKALA, REPRESENTED BY ITS SECRETARY, PIN - 695 141

     2      THE SECRETARY
            VARKALA MUNICIPALITY, VARKALA, THIRUVANANTHAPURAM PIN-695141

     3      THE ASSISTANT ENGINEER
            ROADS DIVISION, PUBLIC WORKS DEPARTMENT,VARKALA,
            THIRUVANANTHAPURAM PIN-695141

     4      CHANDRAMATHY
            W/O. SHAJAHAN, CHARUVILA VEEDU,NEAR GOVERNMENT HOSPITAL,VARKALA
            THIRUVANANTHAPURMA PIN-695141

            BY ADVS.
            SHRI.K.SIJU, SC, VARKALA MUNICIPALITY
            SRI.R.ANILKUMAR



OTHER PRESENT:

            SRI.IMAM GRIGORIUS KARAT-GP




      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.18171 of 2017

                                   2




                             JUDGMENT

1. The petitioner's grievance is against the illegal

construction made by the fourth respondent who is his tenant.

2. According to the petitioner, though Ext.P7 petition has

been filed by the petitioner before the second respondent to

remove the unauthorised construction made in the shop room

bearing No.25/879 of Varkala Municipality, no action is taken by

the second respondent.

3. Since the writ petition is of the year 2017, I dispose of

this writ petition giving liberty to the petitioner to represent the

matter before the the 2nd respondent, in case he has got any

subsisting grievance in the matter.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)NO.18171 of 2017

APPENDIX OF WP(C) 18171/2017

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF MEMORANDUM OF RENT CONTROL PETITION NO.4/2016 ON THE FILE OF THE RENT CONTROL COURT, VARKALA, DATED 22.08.2016

EXHIBIT P2: TRUE COPY OF THE STOP MEMO ISSUE DBY THE SECOND RESPONDENT DATED 1.5.2017

EXHIBIT P3: PHOTOGRAPHS TAKEN ON 7.5.2017 AND 10.05.2017 REGARDING THE ILLEGAL CONTRUCTION MADE BY THE FOURTH RESPONDENT

EXHIBIT P4: TRUE COPY OF THE COMPLAINTSUBMITTED BY TH EPETITIONER BEFORE THE SECOND RESPONDENT, DATED 08.05.2017

EXHIBIT P4(A): TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT, DATED 8.05.2017

EXHIBIT P5: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDNET DATED 08.05.2017

EXHIBIT P6: TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE 'KERALA KOUMUDI' DAILY

EXHIBIT P7: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT, DATED 10.05.2017

EXHIBIT P7(A): TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT, DATED 10.05.2017