Kunhimuhammed vs The Secretary, Tirur Municipality
2024 Latest Caselaw 29170 Ker

Kerala High Court

Kunhimuhammed vs The Secretary, Tirur Municipality on 10 October, 2024

WP(C) NO. 35350 OF 2024

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                                                             2024:KER:75271

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                          WP(C) NO. 35350 OF 2024

PETITIONER:

            KUNHIMUHAMMED,
            AGED 62 YEARS
            S/O MUHAMMAD HAJI, CHANGOTH VEED,
            TIRUR TALUK, TIRUR P.O., KOZHIKODE, PIN - 676131


            BY ADVS.
            M.B.SHYNI
            RAJESH KUMAR R.
            V.R.ANILKUMAR
            SARAFUDHEEN T.
            ELDHOSE JOY
            AJITH P.C.

RESPONDENTS:

    1       THE SECRETARY, TIRUR MUNICIPALITY,
            TIRUR P.O., KOZHIKODE, TIRUR, PIN - 676131

    2       THE TIRUR MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY, THIRUR P.O.,
            KOZHIKODE, PIN - 676131

    3       TIRUR MUNICIPAL COUNCIL,
            TIRUR MUNICIPALITY,TIRUR PO.,
            KOZHIKODE, PIN - 676101

        SRI. SAYED MANSOOR BAFAKHY THANGAL - SC

     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35350 OF 2024

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                                                              2024:KER:75271

                         MOHAMMED NIAS C.P., J.
                       =============================
                         W.P.(C) No. 35350 of 2024
                       =============================
                 Dated this the 10th day of October, 2024



                               JUDGMENT

The petitioner was served with Ext.P2 provisional order under

Section 406(1) of the Kerala Municipality Act alleging unauthorized

construction, to which the petitioner sent Ext.P3 representation. It is for the

Municipality to consider the objections stated in Ext.P3 and pass final orders

under Section 406(3) of the Kerala Municipality Act, in accordance with law,

with notice to the petitioner and other affected parties, if any, within six

weeks from today. Till orders are passed as directed above, the status quo as

on date shall be maintained.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 35350 OF 2024

2024:KER:75271

APPENDIX OF WP(C) 35350/2024

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE EXTRACT OF THE REPORT FILED BY THE OVERSEER DATED 30/03/2024

EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER PASSED BY THE SECRETARY OF TIRUR MUNICIPALITY DATED 21/06/2024

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 30/09/2024

// True Copy // PA To Judge