Kerala High Court
Ramesh Babu vs The State Of Kerala on 28 February, 2025
2025:KER:16948
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 32407 OF 2019
PETITIONER:
K.GOPALAKRISHNA KARTHA,
GOKULAM HOUSE,KEECHERYMELMURI,
CHENGANNUR.P.O,
ALAPPUZHA DISTRICT,
PIN-689121.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA(K/672/2006)
N.S.SHAMILA(K/222/2016)
CHINJU P. JOYIES(K/894/2016)
RESPONDENTS:
1 CHENGANNUR MUNICIPALITY,
REPRESENTED BY THE SECRETARY,
CHENGANNUR MUNICIPALITY,
CHENGANNUR-689121.
2 THE SECRETARY,
CHENGANNUR MUNICIPALITY,
CHENGANNUR-689121.
3 RAMESH BABU,
AGED 48 YEARS
S/O.RAVEENDRAN NAIR,
VENGOOR VEEDU, LAHASSERRY,
CHENGANNUR VILLAGE,
ALAPPUZHA-689121.
W.P.C Nos.29055 and 32407 of 2019
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2025:KER:16948
BY ADVS.
SHRI.S.HARIKRISHNAN, SC,
CHENGANNUR MUNICIPALITY
K.N.RADHAKRISHNAN(THIRUVALLA)
LAKSHMI RAJAN
R.KISHORE (KALLUMTHAZHAM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2025, ALONG WITH WP(C).29055/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.29055 and 32407 of 2019
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2025:KER:16948
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 29055 OF 2019
PETITIONER:
RAMESH BABU,
AGED 48 YEARS
S/O. RAVEENDRAN NAIR,
VENGOOR VEEDU, LAHASSERRY,
CHENGANNUR, CHENGANNUR VILLAGE ,
ALAPPUZHA DISTRICT
BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENTS:
1 THE STATE OF KERALA,
REP BY THE SECRETARY TO THE GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
PIN 695 001
2 CHENGANNUR MUNICIPALITY,
CHENGANNUR, CHENGANNUR P.O,
ALAPPUZHA DISTRICT, PIN 689 121,
REPRESENTED BY ITS SECRETARY
3 SECRETARY,
CHENGANNUR MUNICIPALITY,
CHENGANNUR, CHENGANNUR P.O,
ALAPPUZHA DISTRICT, PIN 689121
W.P.C Nos.29055 and 32407 of 2019
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4 THE MUNICIPAL ENGINEER,
CHENGANNUR MUNICIPALITY,
CHENGANNUR P.O, ALAPPUZHA DISTRICT,
PIN 689121
5 K. GOPALAKRISHNAN KARTHA,
RESIDING AT GOKULAM VEEDU,
KEEZHERIMEL MURI, CHENGANNUR P.O,
ALAPPUZHA DISTRICT, PIN - 689121
BY ADVS.
SHRI.S.HARIKRISHNAN, SC, CHENGANNUR MUNICIPALITY
LINDONS C.DAVIS
LAKSHMI RAJAN
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2025, ALONG WITH WP(C).32407/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.29055 and 32407 of 2019
5
2025:KER:16948
JUDGMENT
In both these cases the issue involved pertains to certain
constructions carried out by the petitioner in W.P.(C) No.
32407/2019 which according to the petitioner in W.P.(C) No.
29055/2019 and the Municipality are illegal constructions.
Ext.P7 in W.P.(C) No.32407/2019 is the notice issued by the
Secretary to the Municipality directing demolition of the said
unauthorized constructions.
2. Today when the matter came up for consideration,
the learned counsel appearing for the petitioner in W.P.(C)
No.32407/2019 brought the attention of this Court to Ext.P9
representation submitted by him wherein, it is mentioned that
he had already removed the unauthorized constructions and he
is requesting the Municipality to conduct an inspection and
confirm the same. Therefore the learned counsel for the
petitioner confines the relief to the consideration of Ext.P9.
After hearing the respective counsels for the petitioners in
these writ petitions and the learned Standing Counsel for the
Municipality, I am of the view that these writ petitions can be
W.P.C Nos.29055 and 32407 of 2019
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disposed of, with a direction to the Secretary and
Superintending Engineer to conduct an inspection in the
premises of the petitioner to find out whether the illegal
constructions referred to in Ext.P7 were already removed or not.
Thereafter, on the basis of such inspection, it shall be open for
the Municipality to take a decision on the further action to be
taken pursuant to Ext.P6 and Ext.P7. It is also directed that the
Secretary shall conduct such an inspection within a period of
one month from the date of receipt of a copy of this judgment
and the same shall be conducted after giving notice to both the
petitioners. A final decision shall be taken after hearing the
petitioners in both these writ petitions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk/scs
W.P.C Nos.29055 and 32407 of 2019
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APPENDIX OF WP(C) 29055/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE JUDGMENT DATED 20-10-
EXHIBIT P2 THE COPY OF STOP MEMO DATED 23-10-
2017 ISSUED BY THE ASSISTANT ENGINEER
OF THE THIRD RESPONDENT
EXHIBIT P3 THE COPY OF REQUEST SUBMITTED BY THE
FOURTH RESPONDENT DATED 2-05-2018,
BEFORE THE SHO, CHENGANNUR
EXHIBIT P4 THE COPY OF JUDGMENT DATED 21-06-2018
IN WRIT PETITION (C) NO. 19068/2018
EXHIBIT P5 THE COPY OF COMMON JUDGMENT DATED 13-
09-2018 IN W.A NO. 1441/2018 AND
EXHIBIT P6 THE COPY OF NOTICE DATED 09-08-2019
ISSUED TO THE FIFTH RESPONDENT BY THE
SECRETARY OF SECOND RESPONDENT
EXHIBIT P7 THE COPY OF REPRESENTATION DATED 01-
0-2019 SUBMITTED BY THE PETITIONER.
W.P.C Nos.29055 and 32407 of 2019
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APPENDIX OF WP(C) 32407/2019
PETITIONER EXHIBITS
Exhibit P9 A COPY OF THE REPRESENTATION DATED
11.11.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P10 A COPY OF THE ACKNOWLEDGMENT WITH
INWARD NO.2815344 DATED 11.11.2024
ISSUED BY THE CHENGANNUR MUNICIPALITY
TOWARDS ACCEPTANCE OF EXHIBIT.P8
EXHIBIT P3 A TRUE COPY OF COMMON JUDGMENT DATED
13.9.18 IN W.A.NO.1441/2018 AND WA
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED
09.08.2019 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION
DATED 17.08.19 SUBMITTED BY THE
PETITIONER
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT
DATED 20.02.2017 ISSUED BY THE
RESPONDENT MUNICIPALITY
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
22.11.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPIES OF THE PROPERTY TAX
RECEIPTS ISSUED BY THE 2ND RESPONDENT
DATED 19/11/2019.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION
DATED 27.09.2019 GIVEN BY THE
PETITIONER.
W.P.C Nos.29055 and 32407 of 2019
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EXHIBIT P2 A TRUE COPY OF COMMON JUDGMENT DATED
21.06.2018 IN WP(C)19068/2018 AND
WP(C)19964/2018
