Preetham Raj B vs Kasaragod Municipality
2024 Latest Caselaw 30231 Ker

Kerala High Court

Preetham Raj B vs Kasaragod Municipality on 24 October, 2024

                                                                 2024:KER:79438

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

         THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                           WP(C) NO. 40935 OF 2023

PETITIONER:

               PREETHAM RAJ B,
               AGED 34 YEARS
               S/O. BALAYYA K., RESIDING AT PRATHEESHMA HOUSE,
               BEERANTHABAIL, KASARAGOD POST,
               KASARAGOD DISTRICT, PIN - 671121

               BY ADVS.
               T.MADHU
               C.R.SARADAMANI
               RENJISH S. MENON
               VRINDA T.S.
               AISWARYA JAYAPAL


RESPONDENTS:

               KASARAGOD MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY, KASARAGOD,
     1
               KASARAGOD DISTRICT, PIN - 671121

               THE SECRETARY,
               KASARAGOD MUNICIPALITY, KASARAGOD P.O.,
     2
               KASARAGOD DISTRICT, PIN - 671121

               PUNDARIKAKSHAN,
     3         HOUSE NO.33/48, BEERANTHBAIL,
               KASARAGOD DISTRICT, PIN - 671121

               BY ADVS.
               K.T.THOMAS
               NIKHIL BERNY
               SRI.MATHEW B.KURIEN, SC


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40935 OF 2023                   2


                                                                  2024:KER:79438

                          MOHAMMED NIAS C.P., J.
                   --------------------------------------------
                          W.P(C) No. 40935 of 2023
            --------------------------------------------------------
                  Dated this the 24th day of October, 2024


                                   JUDGMENT

The petitioner complains about the illegal additional

construction made by the 3 rd respondent to his residential house

without obtaining the requisite building permit from the

Municipality without leaving the requisite open space from the

property of the petitioner. Petitioner submits that on

08.06.2023, the Municipality had given Ext.P7 stop memo to the

3rd respondent. The prayer in the writ petition is to direct the

Municipality to take further action based on the stop memo

dated 08.06.2023. This Court passed an interim order on

13.02.2024 directing the Municipality to place on record the

statement of the 2nd respondent as to the steps taken pursuant

to Ext.P7 stop memo.

2. A statement has been filed on behalf of the 2 nd

respondent wherein it is stated as follows:-

"Pursuant to the order passed by this

Hon'ble Court, a further inspection was

conducted on 17.07.2024 and it was found that

the sheet roof on top of the house causing flow

2024:KER:79438

of water into compound and property of the

petitioner was seen removed and sheet roof was

modified erected accordingly. In the above

circumstance, the Municipality issued notice

dated 18.07.2024 to the petitioner informing the

above fact. True copy of the notice dated

18.07.2024 issued by the Municipality to the

petitioner is produced herewith marked as

ANNEXURE-R2(a).

In the light of the above fact, the

grievance of the petitioner stands redressed. If

the petitioner has any further grievance in the

matter, petitioner may approach the Municipality

and necessary action will be taken."

The statements made in the above paragraphs are recorded. In

case the petitioner has any further grievance against the

construction of the 3rd respondent, it will be open to the

petitioner to approach the Municipality, in which event,

appropriate action shall be taken, in accordance with the law,

with notice to the writ petitioner and the 3rd respondent.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE

MSA

2024:KER:79438

APPENDIX OF WP(C) 40935/2023

PETITIONER EXHIBITS

THE TRUE COPY OF THE PETITION DATED 6/3/2023 FILED BY THE PETITIONER BEFORE Exhibit-P1 THE SECOND RESPONDENT

THE TRUE COPY OF THE RECEIPT DATED 6/3/2023 ISSUED BY THE SECOND Exhibit-P1(a) RESPONDENT

THE TRUE COPY OF THE PETITION DATED 16/3/2023 SUBMITTED BY THE PETITIONER Exhibit-P2 BEFORE THE SECOND RESPONDENT

THE TRUE COPY OF THE RECEIPT DATED 16/3/2023 ISSUED BY THE SECOND Exhibit-P2(a) RESPONDENT

THE TRUE COPY OF THE APPLICATION DATED 22/3/2023 SUBMITTED BY THE PETITIONER Exhibit-P3 BEFORE THE PUBLIC INFORMATION OFFICER, KASARAGOD MUNICIPALITY

THE TRUE COPY OF THE REPLY DATED 23/3/2023 ISSUED BY THE PUBLIC Exhibit-P3(a) INFORMATION OFFICER, KASARAGOD MUNICIPALITY

THE TRUE COPY OF THE STOP MEMO DATED 24/4/2023 ISSUED BY THE ASSISTANT Exhibit-P4 ENGINEER IN CHARGE OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT

THE TRUE COPY OF THE PETITION DATED 9/5/2023 SUBMITTED BY THE PETITIONER Exhibit-P5 BEFORE THE SECOND RESPONDENT

Exhibit-P5(a) THE TRUE COPY OF THE RECEIPT DATED 9/5/2023 ISSUED BY THE SECOND RESPONDENT

2024:KER:79438

THE TRUE COPY OF THE REPRESENTATION DATED 4/7/2023 SUBMITTED BY THE Exhibit-P6 PETITIONER BEFORE THE SECOND RESPONDENT

THE TRUE COPY OF THE RECEIPT DATED 4/7/2023 ISSUED BY THE SECOND Exhibit-P6(a) RESPONDENT

THE TRUE COPY OF THE NOTICE DATED 8/6/2023 ISSUED BY THE ASSISTANT Exhibit-P7 ENGINEER IN CHARGE OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT

RESPONDENT ANNEXURES

True copy of the notice dated 18.07.2024 issued by the Municipality Annexure-R2(a) to petitioner