Kerala High Court
Nicolas P. Dias vs The State Of Kerala on 29 May, 2024
WP(C) No.6604/2024 1/4 Order Date : 29-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946
WP(C) NO. 6604 OF 2024
PETITIONER:
NICOLAS P. DIAS, AGED 75 YEARS, S/O PASCAL DIAS, MERCY VILLA, CLUB
JUNCTION, VAZHAKALA VILLAGE, EDAPALLY P.O., KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI, PIN - 682024
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER,
NANTHANCODE, THIRUVANATHAPURAM, PIN - 695003
3. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CIVIL
STATION, KAKKANAD ERNAKULAM, KOCHI, PIN - 682030
4. THRIKKAKARA MUNICIPAL COUNCIL, THRIKKAKARA MUNICIPALITY, THRIKKARA,
ERNAKULAM, KOCHI, REPRESENTED BY ITS SECRETARY, PIN - 682030
5. THE SECRETARY, THRIKKAKARA MUNICIPALITY, THRIKKARA, ERNAKULAM,
PIN-682030
6. M.K. ABOOBACKER, AGED 59 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682030
7. M.K. UMMER, AGED 57 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682030
8. M.K. ABDUL SALAM, AGED 46 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, PIN - 682030
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 all proceedings pursuant to Exhibits P9 and P10, pending
disposal of the above writ petition (civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
03.04.2024 and upon hearing the arguments of M/S V.N.SANKARJEE,
V.N.MADHUSUDANAN, R.UDAYA JYOTHI, M.M.VINOD, M.SUSEELA, KEERTHI B.
CHANDRAN, VIJAYAN PILLAI P.K., C.PURUSHOTHAMAN NAIR & SINEESH K.M,
Advocates for the petitioner, sri. S.JAMAL, STANDING COUNSEL for R4 & R5
and of M/S. C.S.AJITH PRAKASH, T.K.DEVARAJAN, BABU M., ANCY THANKACHAN,
NIDHIN RAJ VETTIKKADAN, AKASH JOSHI & KRISHNENDU.D, Advocates for R6 to
R8, the court passed the following:
WP(C) No.6604/2024 2/4 Order Date : 29-05-2024
MOHAMMED NIAS C. P. , J.
======================================
I.A.Nos. 1 & 8 of 2024 in W. P. (C) Nos. 13724 of 2024
and
W. P. (C) Nos. 13724, 3711, 6223 & 6604 of 2024
======================================
Dated this the 29th day of May, 2024
ORDER
I.A.No.8 of 2024 in WP(C).No. 13724 of 2024
This is an application to receive additional documents.
Heard. Allowed.
I.A.No.1 of 2024 in WP(C).No. 13724 of 2024
This is an application seeking impleadment of a person who has
already filed WP(C).No.6223/2024. Accordingly, the same is allowed.
W. P. (C) Nos. 13724, 3711, 6223 & 6604 of 2024
Parties are directed to complete their pleading in two week's time.
Post on 21.6.2024.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
WP(C) No.6604/2024 3/4 Order Date : 29-05-2024
APPENDIX OF WP(C) 6604/2024
Exhibit P-1 TRUE COPY OF THE JUDGMENT DATED 19.6.2023 IN W.P.(C)
NO.19920/2019, W.P.(C) NO.35181/2015, W.P.(C)
NO.17964/2016, W.P.(C) NO.701/2017, W.P.(C)
NO.12888/2020, W.P.(C) NO.12446/2022 AND W.P.(C)
NO.3448/2023 OF THIS HONOURABLE COURT
Exhibit P-2 TRUE COPY OF THE JUDGMENT DATED 19.9.2023 IN W.A. NO.
1455/2023, W.A. NO. 1463/2023, W.A. NO.1344/2023, W.A.
NO.1399/2023, AND W.A. NO.1592/2023 OF THE DIVISION
BENCH OF THIS HONOURABLE COURT
Exhibit P-3 TRUE COPY OF THE ORDER DATED 29.11.2023 IN R.P. NO.
1126/2023, R.P. NO.1143/2023, R.P.NO.1151/2023, R.P.
NO. 1161/2023 AND 1168/2023 OF THE DIVISION BENCH OF
THIS HONOURABLE COURT
Exhibit P-4 TRUE COPY OF THE DETAILED STATEMENT DATED 28.12.2023
SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT
TOGETHER WITH DOCUMENTS MARKED AS ANNEXURE 1 TO 9
Exhibit P-5 TRUE COPY OF THE PETITION DATED 6.1.2024 SUBMITTED BY
THE PETITIONER TO THE 2ND RESPONDENT WITHOUT ANNEXURES
WITH POSTAL ACKNOWLEDGMENT
Exhibit P-6 TRUE COPY OF THE COMPLAINT DATED 19.1.2024 SUBMITTED BY
THE PETITIONER TO THE 5TH RESPONDENT TOGETHER WITH
POSTAL RECEIPT AND POSTAL ACKNOWLEDGMENT
Exhibit P-7 TRUE COPY OF THE PRINT OUT OF E-MAIL DATED 19.1.2024
FROM THE EMAIL ID- [email protected] TO THE EMAIL
[email protected]
Exhibit P-8 TRUE COPY OF THE KSMART ACKNOWLEDGMENT DATED 24.1.2024
Exhibit P-9 TRUE COPY OF THE ORDER NO. TP1-3358/2022 DATED 4.1.2024
SERVED BY THE 5TH RESPONDENT ON 7.2.2024 TO THE
PETITIONER WITH ENVELOPE
Exhibit P- 10 TRUE COPY OF THE NOTICE BEARING NO. BA234/2013 DATED
18.1.2024 ISSUED TO THE 6TH RESPONDENT
Exhibit P-11 TRUE COPY OF THE BUILDING PERMIT NO. BA.234/13 DATED
10.9.2013 AS REVISED ON 13.5.2014 ISSUED BY THE 5TH
RESPONDENT
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 11.3.2024 SUBMITTED
BEFORE THE 5TH RESPONDENT BY THE APPLICANT
Exhibit P13 TRUE COPY OF THE KSMART ACKNOWLEDGMENT DATED 11.3.2024
Exhibit P14 TRUE COPY OF THE APPLICATION DATED 18.2.2022 SUBMITTED
BY THE APPLICANT TO THE 5TH RESPONDENT
Exhibit P15 TRUE COPY OF THE OBJECTION DATED 24.5.2024 SUBMITTED
BEFORE THE 5TH RESPONDENT BY THE APPLICANT
Exhibit P16 TRUE COPY OF THE KSMART ACKNOWLEDGMENT DATED 24.5.2024
Exhibit R6(a) A true copy of the proceedings of the Thahasildar (Land
Records) Kanayannoor dated 05.02.2021 issued to the
Village Officer Vazhakala
Exhibit R6(b) A true copy of the land tax receipt issued by the
Vazhakkala Village dated 29.04.2023 to the deponent
Exhibit R6(c) A true copy of the Judgment in W.P.(C) No 7168/2021
dated 25.03.2022
Exhibit R6(d) A true copy of the Building permit No: BA /234/13 dated
10/09/2013 issued by the Thrikkakkara Municipality
WP(C) No.6604/2024 4/4 Order Date : 29-05-2024
Exhibit R6(f) A true copy of the impleading petition filed by the
wife of the petitioner herein in W.P.(C) 35181/2015
Exhibit R6(h) A true copy of the Judgment in W.A No 804/2019 dated
03.04.2019
Exhibit R6(i) A true copy of the memo dated 05.09.2023 filed by the
Hospital Tenant in Appeal No 286/2019 before the
Tribunal for Local Self Government
Exhibit R6(j) A true copy of the Judgment in CMA No 24/2021 dated
30.06.2022
Exhibit R6(k) A true copy of the common Judgment in W.P.(C)
Exhibit R6(l) A true copy of the interim order dated 13.05.2022 in
W.P.(C) 15611/2022
Exhibit R6(m) A true copy of the judgment in W.P.(C) 15611/2022 dated
16.08.2022
Exhibit R6(n) A true copy of the written submission filed by this
deponent before the 5th respondent on behalf of other
applicants for occupancy dated 31.12.2023 without its
annexures
Exhibit R6(o) A true copy of the application filed for final fire NOC
Exhibit R6(p) A true copy of the chellan dated 03.02.2024
Exhibit R6(q) A true photograph of the water tank construction is
produced
Exhibit R6(g) A true copy of the common Judgment in W.P.(C) No
37858/2017 and 21832/2017 dated 04.12.2018
Exhibit R6(e) A true copy of the Judgment in OS 232/2015 dated
10.12.2018 of the Munsiff Court Ernakulam
