Kerala High Court
K.N.Krishnakumar vs Angamaly Municipality on 27 June, 2025
2025:KER:47756
WP(C) NO. 8379 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
WP(C) NO. 8379 OF 2024
PETITIONER/S:
K.N.KRISHNAKUMAR
AGED 53 YEARS
S/O.K.K. NARAYANAN, KUTTINAPPILLY HOUSE
PARAPPURAM, KARUKUTTY.P.O. ERNAKULAM DISTRICT,
PIN - 683576
BY ADVS.
SHRI.P.I.DAVIS
SMT.MINTU CHERIYAN
RESPONDENT/S:
1 ANGAMALY MUNICIPALITY
REPRESENTED BY ITS SECRETARY MUNICIPAL OFFICE,
ANGAMALY ERNAKULAM, PIN - 683572
2 CULTURAL SOCIETY OF ANGAMALY
ANGAMALY.P.O., REPRESENTED BY ITS GENERAL
SECRETARY, PIN - 683572
3 DR. C.K. EAPEN
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WP(C) NO. 8379 OF 2024
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PRESIDENT, CULTURAL SOCIETY OF ANGAMALY
ANGAMALY.P.O., PIN - 683572
4 TONY PARAMBI
GENERAL SECRETARY, CULTURAL SOCIETY OF ANGAMALY
ANGAMALY.P.O., PIN - 683572
BY ADVS.
SHRI.GEORGE SEBASTIAN
SHRI.ANTONY THOMAS
SRI.SAJEN THAMPAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 8379 OF 2024
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JUDGMENT
Dated this the 27th day of June 2025
NITIN JAMDAR, C.J.
Heard Mr. A.I. Davis, learned counsel appearing for the
Petitioner, Mr. Anandu S. representing Mr. Sajen Thampan, learned
Standing Counsel appearing for the Respondent Municipality and Mr.
George Sebastian, learned counsel appearing for Respondent Nos. 2 to
4.
2. This petition is filed seeking to question the construction and
addition to a building situated in the Respondent Municipality. The
Petitioner is a resident of another locality. The construction of the
building, as we have noted in the earlier order, was of the year 1984.
The additions and alterations were said to be carried out in the year
2003. This petition is filed in the year 2023 contending that when the
Municipality noticed that certain unauthorised alterations had taken
place almost two decades ago.
3. The Petition is directed towards a single private construction.
While exercising the power of writ jurisdiction purportedly filed in
public interest, we cannot be unmindful of the time span. The
construction was carried out 40 years ago. The alterations were made
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WP(C) NO. 8379 OF 2024
20 years ago. All that we observe without recognizing any special locus
in the petition that it is for the Municipality to take steps as per law
subject to rights and contentions of the owners and occupants of the
said building.
4. With these observations, the writ petition is disposed of.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
BASANT BALAJI
JUDGE
uu
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WP(C) NO. 8379 OF 2024
APPENDIX OF WP(C) 8379/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
07-12-2023 FILED UNDER RTI ACT
Exhibit P1(a) A TRUE ENGLISH TRANSLATION OF EXT. P1
Exhibit P2 A TRUE COPY OF THE LETTER DATED 03-01-
2024 OF THE PUBLIC INFORMATION OFFICER,
ANGAMALY MUNICIPALITY
Exhibit P2(a) A TRUE ENGLISH TRANSLATION OF EXT. P2
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
10-01-2024 SUBMITTED TO PUBLIC
INFORMATION OFFICER, ANGAMALY
MUNICIPALITY
Exhibit P3(a) A TRUE ENGLISH TRANSLATION OF EXT. P3
Exhibit P4 A TRUE COPY OF THE LETTER DATED 06-02-
2024 OF THE PUBLIC INFORMATION OFFICER
OF THE RESPONDENT MUNICIPALITY
Exhibit P4(a) A TRUE ENGLISH TRANSLATION OF EXT. P4
Exhibit P5 A TRUE COPY OF THE APPLICATION DATED
13-02-2024 SUBMITTED TO STATE
INFORMATION OFFICER, FIRE STATION
OFFICE, ANGAMALY
Exhibit P5(a) A TRUE ENGLISH TRANSLATION OF EXT. P5
Exhibit P6 A TRUE COPY OF THE LETTER DATED 13-02-
2024 OF THE STATE PUBLIC INFORMATION
OFFICER, FIRE & RESCUE STATION,
ANGAMALY
Exhibit P6(a) A TRUE ENGLISH TRANSLATION OF EXT. P6
Exhibit P7 A TRUE COPY OF THE APPEAL DATED 13-02-
2024 SUBMITTED BY THE PETITIONER TO
APPELLATE AUTHORITY, MUNICIPAL
SECRETARY, ANGAMALY MUNICIPALITY,
ANGAMALY
Exhibit P7(a) A TRUE ENGLISH TRANSLATION OF EXT. P7
Exhibit P8 A TRUE COPY OF THE LAWYER'S NOTICE
DATED 13-02-2024 TO SECRETARY, ANGMALY
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WP(C) NO. 8379 OF 2024
MUNICIPALITY, MUNICIPAL OFFICE,
ANGAMALY, PIN : 683572
Exhibit P9 series THE PHOTOGRAPHS OF THE SIDE PORTIONS
AND THE CONSTRUCTIONS MADE ON THE
BOUNDARY WALLS
Exhibit P10 Series PHOTOGRAPHS OF THE BODY BUILDING
WORKSHOP FUNCTIONING ADJACENT TO THE
AUDITORIUM OF THE 2ND RESPONDENT
RESPONDENT EXHIBITS
Exhibit R2(a) A true copy of the relevant extract of
the pass book issued from the office of
the 1 st respondent in favour of the 2
nd respondent along with its English
translation
Exhibit R2(b) A true copy of the special notice dated
16.04.1984 issued from the office of
the 1 st respondent to the 2 nd
respondent along with its English
translation
Exhibit R2(c) A true copy of the request dated
18.06.1984 submitted by the 2 nd
respondent to the 1 st respondent is
along with its English translation
Exhibit R2(d) A true copy of the request dated
07.03.1990 submitted by the 2 nd
respondent to the 1 st respondent is
along with its English translation
Exhibit R2(e) A true copy of the communication dated
22.08.1990 issued by the 1 st
respondent to the 2 nd respondent along
with its English translation
Exhibit R2(f) A true copy of the certificate dated
02.02.2023 issued by the Kerala
Sangeetha Academy
Exhibit R2(j) A true copy of the communication dated
02.12.2024 of the 1 st respondent along
with its English translation
Exhibit R2(g) A true copy of the press briefing given
by Mr. Francis J. Pynadath dated
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WP(C) NO. 8379 OF 2024
23.03.2024 along with its English
translation
Exhibit R2(h) A true copy of the plaint dated
05.06.2024 in OS 197/2024 of the Munsif
Court Aluva
Exhibit R 2(i) A true copy of the order dated
02.12.2024 bearing No. R1-10133/2022 of
the secretary of the 1 st respondent
along with its English translation
PETITIONER EXHIBITS
Exhibit P -11 True copy of the audit observation No.
4 of the office of the Principal
accountant General Kerala regarding no
assessment of the property tax of the
2nd respondent received under RTI Act
from the respondent Municipality is
produced as Exhibit P 11
RESPONDENT EXHIBITS
Exhibit R2 (K) A true copy of the of the Notice
published during September 2002 along
with its English translation
Exhibit R2(l) A true copy of the receipt dated
30.04.2025 issued from the 1 st
respondent Municipality
Exhibit R2(m) A true copy of the license dated
08.04.2025 issued by the 1 st
respondent to the society
Exhibit R2(n) A true copy of the Commission Report
dated 26.06.2024 in IA 2/2024 in OS
197/2024 of Munsiff Court, Aluva
Exhibit R1(a) True copy of the decision in Agenda 22
with Docket Number BPEKM30193000001
District Ernakulam issued by Seeram
Sambasiva Rao IAS, Principal Dircector
Exhibit R1(a)(a) True English translation of Exhibit
R1(a)
Exhibit R1(b) True copy of the letter issued from the
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WP(C) NO. 8379 OF 2024
Office of the Joint Director, Local
Self Government Department dated
04.09.2024
Exhibit R1(b)(b) True English translation of Exhibit
R1(b)
Exhibit R1(d) True copy of the Order issued by the
1st Respondent dated 02.12.2024
Exhibit R1(d)(d) True English translation of Exhibit
R1(d)
Exhibit R1(c) True copy of the decision of the State
Level Adalat bearing Docket
No.:BPEKM30193000001
Exhibit R1(c)(c) True English translation of Exhibit
R1(c)
