Mohamed Ali vs The Secretary
2024 Latest Caselaw 32126 Ker

Kerala High Court

Mohamed Ali vs The Secretary on 7 November, 2024

                                                              2024:KER:83203
WP(C).NO.28874/2024

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                           WP(C) NO. 28874 OF 2024

PETITIONERS:

     1      MOHAMED ALI, AGED 46 YEARS,
            S/O. RASIA BEGUM, PULIMOOTTUPURAYIDOM, CANTONMENT,
            ANDAMUKKATHUCHERRY, KOLLAM EAST VILLAGE, KOLLAM, PIN -
            691001.

     2      JASMINE, AGED 61 YEARS,
            PULIMOOTTUPURAYIDOM, CANTONMENT, ANDAMUKKATHUCHERRY,
            KOLLAM EAST VILLAGE, KOLLAM, PIN - 691001.

     3      SUBAIDA BEEVI, AGED 60 YEARS,
            PULIMOOTTUPURAYIDOM, CANTONMENT, ANDAMUKKATHUCHERRY,
            KOLLAM EAST VILLAGE, KOLLAM, PIN - 691001.

            BY ADV. SRI. R.SATISH KUMAR


RESPONDENTS:

     1      THE SECRETARY,
            MUNICIPAL CORPORATION, KOLLAM, PIN - 691001.

     2      NOUSHAD,
            FRUITS MERCHANT, YNS FRUIT STALL, OPP. HANUMAN TEMPLE,
            BEACH ROAD, KOLLAM, PIN - 691001.

            SRI.S.SREEKUMAR (KOLLAM), SC


     THIS   WRIT      PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                    2024:KER:83203
WP(C).NO.28874/2024

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                             MOHAMMED NIAS C. P. , J.
                    ===========================================
                             W. P. (C) No. 28874 of 2024
                    ===========================================
                      Dated this the 7th day of November, 2024


                                  JUDGMENT

The petitioners have preferred Ext.P4 representation before the

1st respondent alleging unauthorised construction by the 2 nd respondent.

The learned counsel for the petitioners submits that no decision has been taken

on Ext.P4 so far.

2. Accordingly, there will be a direction to the 1 st respondent to hear the

writ petitioners and the 2nd respondent and pass orders on Ext.P4, in accordance

with law, within four weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG 2024:KER:83203

APPENDIX OF WP(C).NO.28874/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOGRAPH SHOWING THAT THERE IS SPACE LEFT FOR CAR PARKING

EXHIBIT P2 TRUE PHOTOGRAPH OF THE PRESENT UNAUTHORIZED CONSTRUCTION ON THE CAR PARKING AREA

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF APPROVED PLAN

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 29/7/2024 SENT BY THE PETITIONERS TO THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF POSTAL RECEIPT DATED 31/7/2024

EXHIBIT P6 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 22.3.2024 OF PETITIONERS' BUILDING IN QUESTION ISSUED BY THE KOLLAM MUNICIPAL CORPORATION