Kerala High Court
Sreerajan.R vs State Of Kerala, Represented By Its ... on 3 September, 2024
WP(C) No.30994/2024 1/3 Order Date : 03-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
WP(C) NO. 30994 OF 2024
PETITIONER:
SREERAJAN.R., AGED 52 YEARS S/O. RAJAPPAN ACHARI, AMBADY,
PULAMON.P.O., KOTTARAKKARA, KOLLAM, PIN - 691531
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LSG DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE KOTTARAKKARA MUNICIPALITY, REPRESENTED BY SECRETARY,
KOTTARAKKARA, KOLLAM, PIN - 691506
3. THE SECRETARY, KOTTARAKKARA MUNICIPALITY, KOTTARAKKARA, KOLLAM, PIN
- 691506
4. SAJUMON, S/O.THOMAS, SNEHADEEPAM, PULAMON.P.O., MYLAM, KOTTARAKKARA,
KOLLAM, PIN - 691531
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 the operation of exts p13, p14 and p16 pending disposal of
the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SUMAN CHAKRAVARTHY, K.R.RIJA, BREJITHA UNNIKRISHNAN & SUDEESH K.E.,
Advocates for the petitioner, the court passed the following:
WP(C) No.30994/2024 2/3 Order Date : 03-09-2024
MOHAMMED NIAS C. P. , J.
==============================================
W. P. (C) No. 30994 of 2024
==============================================
Dated this the 3rd day of September, 2024
ORDER
The learned Government Pleader appears for the
1st respondent. The learned Standing Counsel takes notice for
respondents 2 and 3. Issue notice by speed post to the
4th respondent.
2. It is seen that an application for restoration preferred
by the petitioner has been rejected by the Tribunal finding no
sufficient cause for allowing the application. True, as found by
the Tribunal, there were laches on the part of the petitioner. To
consider whether the application be allowed on terms, post after
completion of service. In the meantime, there will be an interim
order, as prayed for, for a period of one month.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
WP(C) No.30994/2024 3/3 Order Date : 03-09-2024
APPENDIX OF WP(C) 30994/2024
Exhibit-P1 A TRUE COPY OF THE PERMIT NO.62/2016-17 DATED
22.07.2016
Exhibit-P 2 A TRUE COPY OF THE PLAN APPROVED BY THE RESPONDENT
MUNICIPALITY
Exhibit-P3 A TRUE COPY OF THE CERTIFICATE FROM THE 2ND RESPONDENT
MUNICIPALITY NO.E1-2041/17 DATED 19.01.2018 EVIDENCING
THE PAYMENT
Exhibit -P4 A TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE
2ND RESPONDENT MUNICIPALITY BEARING NOS.R1/114/2017
DATED 24.05.2017
Exhibit -P5 A TRUE COPY OF THE LICENSE ISSUED BY THE 2ND RESPONDENT
MUNICIPALITY FOR THE SHOP NO.KP2/451 AND 453 FOR THE
PERIOD 2017-2018 DATED 22.06.2017
Exhibit-P 6 A TRUE COPY OF THE DEMAND NOTICES FROM THE 2ND
RESPONDENT MUNICIPALITY DATED 20.05.2017 FIXING THE
PROPERTY TAX FOR THE PETITIONER'S BUILDING
Exhibit-P7 A TRUE COPY OF THE CASH RECEIPTS DATED 26.05.2017
EVIDENCING PAYMENT OF TAX BY THE APPELLANT
Exhibit -P8 A TRUE COPY OF THE AGREEMENT DATED 24.10.2016 FOR SALE
Exhibit -P9 A TRUE COPY OF THE JUDGMENT DATED 05.10.2017 IN
W.P(C)NO.31261/2017 BY THIS HONOURABLE COURT
Exhibit -P10 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08.11.2017
Exhibit-P11 A TRUE COPY OF THE REPLY DATED NIL
Exhibit -P12 A TRUE COPY OF THE HEARING NOTICE DATED 28.11.2017
Exhibit-P13 A TRUE COPY OF THE DEMOLITION ORDER DATED 09.01.2018
Exhibit-P14 A TRUE COPY OF THE NOTICE CANCELLING THE OCCUPANCY
CERTIFICATE DATED 16.01.2018
Exhibit -P15 A TRUE COPY OF THE ORDER DATED 20.03.2023 IN APPEAL
NO.65/2018 BY THE TRIBUNAL FOR LSG INSTITUTIONS
Exhibit -P16 A TRUE COPY OF THE NOTICE DATED 31.05.2024 ISSUED BY
THE 3RD RESPONDENT
Exhibit -P17 A TRUE COPY OF THE COMMON ORDER IN IA NO.800/2024 AND
IA NO.801/2024 IN APPEAL NO.65/2018 BY THE TRIBUNAL FOR
LSG INSTITUTIONS, THIRUVANANTHAPURAM DATED 13.08.2024
