Afsal S vs Vadakara Municipality
2025 Latest Caselaw 8280 Ker

Kerala High Court

Afsal S vs Vadakara Municipality on 25 April, 2025

                                           2025:KER:33139
        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR. JUSTICE S.MANU

 FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947

                    WP(C) NO. 16995 OF 2025

PETITIONER:

         AFSAL S, AGED 42 YEARS,
         S/O KAREEM, SARVATHINTAVIDA,
         NEAR KOTTAKADAVU, C.K MUKKU, PUTHUPANAM P.O,
         VADAKARA, PIN - 673105.

         BY ADVS.
         M.A.VAHEEDA BABU
         BABU KARUKAPADATH
         ARYA RAGHUNATH
         KARUKAPADATH WAZIM BABU
         P.LAKSHMI
         AYSHA E.M.
         HASHIM K.M.
         ABUASIL A.K.
         HANIYA NAFIZA V.S.
         M.I.INSAF MOOPPAN
         RISHI VINCENT
         MANU KRISHNA S.K.
         P.K.ABDUL RAHIMAN


RESPONDENTS:

    1    VADAKARA MUNICIPALITY,
         REPRESENTED BY SECRETARY, VADAKARA P.O.,
         KOZHIKODE, PIN - 673103.

    2    SECRETARY, VADAKARA MUNICIPALITY,
         VADAKARA P.O., KOZHIKODE, PIN - 673103.
                                                       2025:KER:33139
WP(C) NO. 16995 OF 2025

                                   -2-


    3          HEALTH OFFICER, VADAKARA MUNICIPALITY,
               VADAKARA P.O., KOZHIKODE, PIN - 673103.

               SRI T NAVEEN-SC


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   25.04.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                         2025:KER:33139
WP(C) NO. 16995 OF 2025

                          -3-


                      JUDGMENT

The petitioner is aggrieved by Ext.P2

show cause notice issued by the 2nd respondent

- Vadakara Municipality. He submitted that

Ext.P3 reply has been submitted to the show

cause notice on 23.04.2025.

2. The learned Standing Counsel for the

Municipality submitted that the reply can be

considered and a final decision can be taken

within a period of two weeks.

3. In view of the above submissions,

this Writ Petition is disposed of, directing

the 2nd respondent to consider Ext.P3 reply

and take a final decision in the matter after

affording an opportunity of hearing to the 2025:KER:33139 WP(C) NO. 16995 OF 2025

petitioner.

Needless to say, till a decision, as

directed above, is taken, no coercive action

shall be taken against the petitioner.

Sd/-

S.MANU

JUDGE akv 2025:KER:33139 WP(C) NO. 16995 OF 2025

APPENDIX OF WP(C) 16995/2025

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPIES OF THE PROPERTY TAX/BUILDING TAX RECEIPTS DATED 23/04/2025 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY FOR 30 APARTMENTS BEARING DOOR NOS. 39/62 A1 TO A10, 39/62 B1 TO B10 AND 39/62 C1 TO C10 IN THE BUILDING.

EXHIBIT P2 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21-04-2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P3 A TRUE COPY OF THE EXPLANATION DATED 23-04-2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT