Biju V.R @ Biju Vaishyanparambil vs Municipal Council, Kattappana ...
2024 Latest Caselaw 12064 Ker

Kerala High Court

Biju V.R @ Biju Vaishyanparambil vs Municipal Council, Kattappana ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                    WP(C) NO. 17181 OF 2024
PETITIONER/S:

            BIJU V.R @ BIJU VAISHYANPARAMBIL
            AGED 49 YEARS, S/O RAJAPPAN,
            VAISHYANPARAMBIL HOUSE, PRAKASH P.O,
            THANKAMONY, IDUKKI, PIN - 685 609.

            BY ADV
            JOMY K. JOSE


RESPONDENT/S:

    1       MUNICIPAL COUNCIL,
            KATTAPPANA MUNICIPALITY,
            REPRESENTED BY ITS CHAIRPERSON,
            KATTAPPANA P.O, IDUKKI DISTRICT,
            PIN - 685 508.

    2       BABY MATHAI,
            PULLANICKKAL HOUSE, VELLATHOOVAL P.O,
            PANAMKUTTY, IDUKKI, PIN - 685 563.

    3       THE SECRETARY,
            KATTAPPANA MUNICIPALITY,
            KATTAPPANA P.O, IDUKKI DISTRICT,
            PIN - 685 508.


OTHER PRESENT:

            SRI UNNIKRISHNAN V. ALAPPATT - STANDING COUNSEL
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   10.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.17181 of 2024

                                  2




                           JUDGMENT

Against Ext.P7 license issued by the 3rd

respondent to the 2nd respondent, the petitioner has

preferred Ext.P8 appeal before the 1st respondent,

Municipal Council under Section 509 (1) of the Kerala

Municipality Act. 1994. The limited prayer of the

petitioner is for a direction to the 1 st respondent to

consider and dispose of Ext.P8 expeditiously.

2. Heard the learned Counsel for the petitioner and

the learned Standing Counsel for respondents 1 and 3.

3. In the nature of the order I propose to pass,

notice to the 2nd respondent is dispensed with.

4. Ext.P8 being a statutory appeal, there will be

a direction to the 1st respondent to dispose of the same

in accordance with law within a period of six weeks

from the date of receipt of a copy of this judgment after

hearing the petitioner and the 2nd respondent.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE

S.M.K.

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER, POINTING OUT THE DANGEROUS CONDITION OF THE BUILDING DATED 03-02-2024

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

4843 OF 2024 DATED 07-02-2024

Exhibit P3 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE DILAPIDATED CONDITION OF THE BUILDING

Exhibit P4 A TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF KATTAPPANA MUNICIPALITY DATED 27-03-2024, VIDE NUMBER R3-64328/2024

Exhibit P5 A TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER, KATTAPPANA MUNICIPALITY, DATED 15-02-2024

Exhibit P6 A TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY THE KATTAPPANA MUNICIPALITY, DATED 01-02-

Exhibit P7 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT DATED 02-04-2024 VIDE NUMBER BFIF01-M060200-00054-2024

Exhibit P8 A TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-04-2024