Kerala High Court
Nicolas P. Dias vs The Secretary on 8 October, 2024
WP(C) No.3711/2024 1/4 Order Date : 08-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 8th day of October 2024 / 16th Aswina, 1946
WP(C) NO. 3711 OF 2024
PETITIONER:
NICOLAS P. DIAS, AGED 75 YEARS, MERCY VILLA, CLUB JUNCTION,
VAZHAKALA VILLAGE, EDAPALLY P.O., KANAYANNUR TALUK, ERNAKULAM
DISTRICT, KOCHI-682024.
RESPONDENTS:
1. 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,
KOCHI, PIN - 682030
6. M.K. ABOOBACKER, AGED 59 YEARS S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
KOCHI, 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 direct the directing the 5th respondent to prevent all further
constructions being undertaken by respondents 6 to 8 as complained in
exhibits P6 to P8 in the property having extent 18.68 are comprised in
ReSurvey No.23/21 of Vazhakala Village, 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
29.08.2024 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.
WP(C) No.3711/2024 2/4 Order Date : 08-10-2024
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.3711/2024 3/4 Order Date : 08-10-2024
MOHAMMED NIAS C. P. , J.
===================================================
W. P. (C) Nos. 13724, 3711, 6223 & 6604 of 2024
===================================================
Dated this the 8th day of October, 2024
ORDER
Pursuant to the orders passed by this Court on 30.7.2024 and
29.8.2024, a memo has been filed by the learned counsel for the
Municipality producing the proceedings of the Secretary dated
12.9.2024. Though a reading of the said order shows violations,
neither the violations nor the extent of the violations are stated. The
specific violations committed by the petitioners are not pointed out
in the proceedings referred to above, even for them to either cure
the same or for moving an application for regularisation. Under such
circumstances, there will be a direction to the Secretary of the
Municipality to specifically pinpoint the violations including the
provisions of law that were breached as found from the site
inspection already conducted. This shall be done within 10 days from
today.
Post on 17.10.2024.
Sd/-
MOHAMMED NIAS C. P. , JUDGE
MMG
WP(C) No.3711/2024 4/4 Order Date : 08-10-2024
APPENDIX OF WP(C) 3711/2024
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 PHOTOGRAPHS SHOWING THE UNAUTHORISED CONSTRUCTION
Exhibit P-10 TRUE COPY OF THE ORDER DATED 27.11.2023 IN COMPLAINT
NO. 127/2015 OF THE HONOURABLE OMBUDSMAN FOR LOCAL SELF
GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM
