Kerala High Court
Raghavan Emman vs Payyanur Municipality on 11 June, 2024
WP(C) NO.9254 OF 2021
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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. 9254 OF 2021
PETITIONER:
RAGHAVAN EMMAN,
AGED 68 YEARS, S/O KARIMBAN,
EMMAN HOUSE, KUTHIRUMMAL, KUNHIMANGALAM AMSOM
DESOM, KUNHIMANGALAM P.O,
KANNUR DISTRICT-670 350.
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
S.SHIV SHANKAR
RESPONDENTS:
1 PAYYANUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
PAYYANNUR P.O, KANNUR DISTRICT, PIN-670307.
2 THE MUNICIPAL COUNCIL,
PAYYANNUR MUNICIPALITY,
REPRESENTED BY ITS CHAIRPERSON,
PAYYANNUR P.O, KANNUR DISTRICT, PIN-670307.
3** THE STATE OF KERALA ,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
4 THE DIRECTOR OF URBAN AFFAIRS,
DIRECTORATE OF URBAN AFFIARS, 1ST FLOOR,
SWARAJ BHAVAN, NANTHANCODE P.O.,
THIRUVANANTHAPURAM, PIN - 695003.
[**ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED
07.03.2023 IN IA NO.1/2023.]
BY ADV
M.SASINDRAN
WP(C) NO.9254 OF 2021
2
OTHER PRESENT:
SMT.K.B.SONY-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.9254 OF 2021
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M.A. ABDUL HAKHIM, J.
--------------------------------
W.P.(C) No. 9254 of 2021
--------------------------------
Dated this the 11th day of June, 2024
JUDGMENT
1. The grievance of the petitioner is that he gifted a total
extent of 3.5 Acres of land as per Ext.P3 Gift Deed in favour
of respondent No.1, Municipality for the purpose of
establishing a bus stand therein with the bonafide and
legitimate expectation that the bus stand would be
constructed immediately and the same would be beneficial
of his balance property. When the construction of bus
stand is delayed considerably, the petitioner submitted
Ext.P6 & P7 representations to the respondent No.1 to
expedite the proceedings to complete the construction. In
spite of that, the respondent No.1 has been delaying the
construction saying one reason or another. Accordingly,
this writ petition is filed seeking direction to the
respondents to take immediate and effective steps for the
construction and establishment of a bus stand in the
property covered by Ext.P3.
WP(C) NO.9254 OF 2021
2. The respondent Nos.1&2 have filed a Statement dated
01.11.2022 in which it is stated that the delay happened
only on account of paucity of funds and the Municipality is
expecting financial assistance from the Government.
3. Heard the Counsel for the petitioner and the
respondents.
4. The Counsel for the petitioner invited my attention to
Ext.P8 letter dated 06.06.2022 sent by the 2 nd respondent
to the Principal Secretary to the Local Self Government
Department of the Government in which it is stated that
Municipal Council has already taken a decision to avail
financial assistance from HUDCO for the said purpose and
sanction is sought from the Government.
5. The Counsel for respondent Nos.1&2 submits that
sanction is given by the Government and steps are taken to
award the contract and the same would be completed and
the construction would be started without any further delay
.
6. In view of the submissions, the respondents are
directed to take effective steps to award the contract and
WP(C) NO.9254 OF 2021
complete the construction of the bus stand in the property
covered by Ext.P3 as expeditiously as possible.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) NO.9254 OF 2021
APPENDIX OF WP(C) 9254/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE
MEETINGS HELD ON 16.05.1996 WITH LEGIBLE
COPY.
EXHIBIT P2 A TRUE COPY OF THE MINUTES OF THE MEETINGS
HELD ON 04.03.1997.
EXHIBIT P3 A TRUE COPY OF THE GIFT DEED NO.887/1997 OF
SRO, PAYYANNUR DATED 10.03.1997.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED
06.09.2018 SUBMITTED BEFORE THE HON'BLE
CHIEF MINISTER OF KERALA.
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 08.09.2020
OF THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED
21.01.2021 SUBMITTED TO THE 1ST RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED
09.02.2021 SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P8 A TRUE COPY THE REPRESENTATION DATED
06.06.2022 BY THE FIRST RESPONDENT BEFORE
THE PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVT. OF KERALA
THROUGH THE DIRECTOR OF URBAN AFFAIRS
