C.T.Samuel vs Haripad Municipality
2025 Latest Caselaw 8354 Ker

Kerala High Court

C.T.Samuel vs Haripad Municipality on 29 April, 2025

                                               2025:KER:33302

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR. JUSTICE S.MANU

 TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                    WP(C) NO. 16989 OF 2025

PETITIONER:

         C.T.SAMUEL
         AGED 68 YEARS, S/O CHERIAN KANNILETH HOUSE
         NADUVATTOM PO HARIPAD ,
         AALAPUZHA DIST., PIN - 690512


         BY ADVS.
         M.R.SUDHEENDRAN
         RICHU HANNA RANJITH




RESPONDENTS:

    1    HARIPAD MUNICIPALITY
         REPRESENTED BY ITS SECRETARY MUNCIPAL OFFICE
         HARIPAD PO, PIN - 690514

    2    ST. THOMAS ORTHODOX MISSION CENTER HARIPAD
         REPRESENTED BY ITS SECRETARY BIJU K VARGHESE
         REG.NO.A-412/78 NEAR EXHIKKAKATHU JUNCTION
         HARIPAD PO, PIN - 690514

    3    ISAC C.A
         ST.THOMAS ORTHODOX MISSION CENTRE HARIPAD
         REG.NO A -412/78 NEAR EXHIKKAKTHU JUNCTION
         HARIPAD,
         PIN - 690514
                                                    2025:KER:33302
WP(C) NO. 16989 OF 2025

                                 2

            SRI.ARUNKUMAR.M.R-SC


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   29.04.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                    2025:KER:33302
WP(C) NO. 16989 OF 2025

                                    3
                          JUDGMENT

The petitioner has approached this Court aggrieved by

Ext.P10 order directing him to remove the unauthroised

construction. Ext.P10 is an order which can be challenged in

the statutory appeal. When this was pointed out to the learned

Counsel for the petitioner, he submitted that the petitioner is

ready to file a statutory appeal.

2. The operation of Ext.P10 shall stand stayed for a

period of three weeks to enable the petitioner to file a statutory

appeal. The petitioner is directed to file a statutory appeal,

within three weeks from the date of receipt of a copy of this

judgment.

The Writ Petition is disposed of accordingly.

Sd/-

S.MANU JUDGE

RK 2025:KER:33302 WP(C) NO. 16989 OF 2025

APPENDIX OF WP(C) 16989/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF JUDGEMENT IN OS 268/2016 DATED 1/12/2021

Exhibit P-2 TRUE COPY OF LETTER DATED 8/8/2013 OF TASLUK OFFICER KARTHIKAPALLY

Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 6/09/2024 BY RESPONDENT NO 2

Exhibit P4 A TRUE COPY OF NOTICE BY RESPONDENT NO 1 DATED 9/9/2024

Exhibit P5 A TRUE COPY OF REPLY BY PETITIONER DATED 12/9/2024

Exhibit P6 A TRUE COPY OF ORDER NO ALP/0206/T/108345 DATED 30/12/2024

Exhibit P7 A TRUE COPY OF REQUEST BY PETITIONER DATED 10/01/2025

Exhibit P8 A TRUE COPY OF ACKNOWLEDGEMENT DATED 10/01/2025

Exhibit P-9 A TRUE COPY OF JUDGEMENT DATED 21/1/2025 IN WP(C) NO 1563/2025

Exhibit P10 A TRUE COPY OF ORDER DATED 20/3/2025 ISSUED BY FIRST RESPONDENT