Kerala High Court
Mohammed Musthafa vs Valancherry Municipality on 27 March, 2025
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 27941 OF 2023
PETITIONER:
JAMALUDHEEN P.P., AGED 56 YEARS,
S/O. ABOOBACKER, PANTHAL PARAMBIL, VALANCHERRY P.O.,
MALAPPURAM DISTRICT, PIN - 676552.
BY ADVS. M/S.C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD,
ISTINAF ABDULLAH, KEERTHI JAYAKUMAR, MUHAMMED AMEEN
& T.H.RAIHANATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF URBAN AFFAIRS,
DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN,
NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN -
695003.
3 VALANCHERRY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN - 676552.
4 THE SECRETARY,
VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE,
VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN - 676552.
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
2
5 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRMAN, VALANCHERRY
MUNICIPALITY, MUNICIPAL OFFICE, VALANCHERRY P.O.,
MALAPPURAM DISTRICT, PIN - 676552.
6 MR. MOOSAKUTTY T.P.,
S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL
HOUSE, KOLAMANGALAM, VALANCHERRY P.O., MALAPPURAM
DISTRICT, PIN - 676552.
7 MR. MOIDEENKUTTY T.P.,
S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL
HOUSE, KOTTARAM, T.T.C.ROAD, VALANCHERRY P.O.,
MALAPPURAM DISTRICT, PIN - 676552.
SRI. MILLU DANDAPANI, SC
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.03.2025, ALONG WITH WP(C).NO.18920/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 18920 OF 2024
PETITIONER:
MOHAMMED MUSTHAFA, AGED 46 YEARS,
S/O. ENI, KALAPPULAN HOUSE, KOLAMANGALAM,
VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN - 676552.
BY ADVS. M/S.C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD,
ISTINAF ABDULLAH, ANGEL MARY GEORGE, T.H.RAIHANATH &
MUHAMMED AMEEN
RESPONDENTS:
1 VALANCHERRY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN - 676552.
2 THE SECRETARY,
VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE,
VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN - 676552.
3 THE MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRMAN, VALANCHERRY
MUNICIPALITY, MUNICIPAL OFFICE,VALANCHERRY P.O.,
MALAPPURAM DISTRICT, PIN - 676552.
4 MR. MOOSAKUTTY T.P.,
S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL
HOUSE, KOLAMANGALAM,VALANCHERRY P.O., MALAPPURAM
DISTRICT, PIN - 676552.
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
4
5 MR. MOIDEENKUTTY T.P.,
S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL
HOUSE, KOTTARAM, T.T.C.ROAD,VALANCHERRY P.O.,
MALAPPURAM DISTRICT, PIN - 676552.
SRI. MILLU DANDAPANI, SC
ADV. SRI.K.M SATHYANATHA MENON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.03.2025, ALONG WITH WP(C).NO.27941/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
5
MOHAMMED NIAS C. P. , J.
=========================================
W. P. (C) Nos. 27941 of 2023 & 18920 of 2024
=========================================
Dated this the 27th day of March, 2025
JUDGMENT
WP(C) No. 27941/2023 is filed with the following prayers:
"a) Issue a Writ of Mandamus or any other appropriate writ, order or direction
directing the 3rd respondent to take steps to implement the project covered by
Ext. P3 document or to take over the land covered by Ext. P3 agreement to
construct bus station in Valancherry Town.
b) Issue a Writ of Mandamus or any other appropriate writ, order or direction
directing the 2nd respondent to consider and pass orders on Ext. P7
representation filed by the petitioner, within a time stipulated by this Hon'ble
Court.
c) Pass an order dispensing with the production of the English Translation of the
documents in Vernacular language at the time of filing the writ petition.
and
d) Pass any other appropriate writ, order or direction which this Hon'ble Court
may deem fit to issue and the petitioner may pray from time to time."
2. WP(C) No. 18920/2024 is filed for a direction to respondents 1 to 3 to
implement Ext.P1 agreement which also deals with the same subject matter as
in Ext.P3 in WP(C) No. 27941/2023.
3. A counter affidavit has been filed on behalf of the Valanchery
Municipality, which reads as follows:
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W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
"...........The averment that this respondent has abandoned the project in
association with respondent 6 and respondent 7 and has now caused issuance of
Ext.P6 as a fresh project is incorrect. It is humbly submitted that the 3rd
respondent has not abandoned the construction of the bus stand and has taken
all measures and was proactive in getting the bus stand constructed. The 3rd
respondent remains committed to the completion of the bus stand. It was only
due to the lackadaisical approach of respondents 6 and 7 that the bus stand has
not been completed. Therefore, the allegations that the 3rd respondent
purposefully abandoned the project and has not taken any steps to see that the
bus stand is constructed as per Ext.P3 agreement are absolutely wrong and
misleading."
4. The above statements of the Secretary of the Municipality in the
counter affidavit are recorded.
5. In view of the above stand of the Municipality denying the allegations
made by the writ petitioner and that, they are committed to the completion of
the bus stand, no further orders are required to be passed in these writ
petitions.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
2025:KER:26493
W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
APPENDIX OF WP(C).NO.27941/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.33588/2006 OF THIS HON'BLE COURT
DATED 20.04.2007
EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE
AFFIDAVIT OF THE RESPONDENTS 6 AND 7 DATED
28.04.2007
EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT BETWEEN THE
5TH RESPONDENT AND THE RESPONDENTS 6 AND 7
DATED 10.05.2007
EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT BETWEEN THE
5TH RESPONDENT AND THE RESPONDENTS 6 AND 7
DATED 07.02.2011
EXHIBIT P5 THE TRUE COPY OF THE AGREEMENT BETWEEN THE
5TH RESPONDENT AND THE RESPONDENTS 6 AND 7
DATED 17.08.2011
EXHIBIT P6 THE TRUE COPY OF THE NOTICE PUBLISHED BY
THE MUNICIPALITY IN CHANDRIKA DAILY DATED
05.08.2023
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 01.08.2023
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W. P. (C) Nos. 27941 of 2023 &
18920 of 2024
APPENDIX OF WP(C).NO.18920/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT BETWEEN THE
3RD RESPONDENT AND THE RESPONDENTS 4 AND 5
DATED 10.05.2007
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.33588/2006 OF THIS HON'BLE COURT
DATED 20.04.2007
EXHIBIT P3 THE TRUE COPY OF THE NOTICE PUBLISHED BY
THE MUNICIPALITY IN CHANDRIKA DAILY DATED
05.08.2023
EXHIBIT P4 THE TRUE COPY OF THE INTERIM ORDER IN W.P.
(C).NO.27941/2023 OF THIS HON'BLE COURT
DATED 12.10.2023
EXHIBIT P5 HE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
MUNICIPALITY DATED 06.05.2024
