Kerala High Court
Rahim vs The Secretary on 15 January, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
WP(C).No. 18070 of 2014
PETITIONER/S:
1 RAHIM,
AGED 41 YEARS,
S/O.MUTHALIF, RAMSIN VILLA, ALAMCODE, MANAMBOOR
VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER
SAINUDHEEN A., S/O.ABDULLA, AGED 63 YEARS, JASMI
MANZIL, NEAR GOVERNMENT HIGHER SECONDARY SCHOOL,
PUTHIYAKAVU P.O., KILIMANOOR, THIRUVANANTHAPURAM.
2 JASMI RAHIM,
AGED 32 YEARS
W/O.RAHIM, RAMSIN VILLA, ALAMCODE, MANAMBOOR VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, REPRESENTED
BY THE POWER OF ATTORNEY HOLDER SAINUDHEEN A.,
S/O.ABDULLA, ATED 63 YEARS, JASMI MANZIL, NEAR
GOVERNMENT HIGHER SECONDARY SCHOOL, PUTHIYAKAVU P.O.,
KILIMANOOR, THIRUVANANTHAPURAM.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SRI.B.PREMNATH (E)
RESPONDENT/S:
1 THE SECRETARY,
ATTINGAL MUNICIPALITY, ATTINGAL, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695 101.
2 THE ATTINGAL MUNICIPALITY,
ATTINGAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS
SECRETARY, PIN - 695 101.
3 ANILKUMAR,
S/O.SREEDHARAN PILLAI, PROPRIETOR, SASEENDRA HOTEL,
KACHERRI NADA, ATTINGAL P.O., THIRUVANANTHAPURAM, PIN
- 695 101.
4 PROPRIETOR,
WP(C).No. 18070 of 2014 2
VISAKAM FLOWER MART, KACHERRI JUNCTION, ATTINGAL
P.O., THIRUVANANTHAPURAM, PIN - 695 101.
R1 & R2 BY SRI.AYYAPPAN SANKAR
R3 & R4 BY SRI.SHAJIN S.HAMEED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18070 of 2014 3
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
i) Issue a Writ of Mandamus directing the respondents 1 and 2 to implement Exhibit P5 order forthwith;
ii) Issue a Writ, directions or order directing the respondent 1 and 2 to demolish the unauthorized construction as found in Ext.P5 passed forthwith;
and
iii) Issue such other writ, order or direction which is deemed fit and necessary in the facts and circumstances of the case.
2. Learned counsel for the petitioners submitted that, there is no instructions from the petitioners. However, this writ petition was pending before this court from the year 2014, without securing any interim orders.
3. The grievance highlighted by the petitioners is non implementation of Ext.P5 order passed by the Secretary of the Municipality dated 11.04.2012, as WP(C).No. 18070 of 2014 4 per the provisions of Section 406(3) of the Kerala Municipality Act, 1994. In my considered view, the writ petition can be disposed of with appropriate directions.
4. Learned counsel for the party respondents submitted that, against Ext.P6 order dated 11.04.2012, a suit filed by the 3rd respondent is pending before the Munsiff's Court, Thiruvananthapuram. I am informed that, later the I.A which was filed before the Additional District Court during vacation was transferred to the Munciff's court concerned and the stay continues to be in force.
5. Having regard to the facts and circumstance of the case, this writ petition is disposed of, directing the Secretary of the Municipality to issue notice to all parties concerned, and then arrive at a conclusion as to whether there is any challenge made against Exts.P5 and P6 orders issued by the Secretary of the Municipality, within a month from the date of receipt of a copy of this judgment and finalize the same at the earliest, and at any rate, within a month thereafter. I make it clear, if there is proceeding pending and order of WP(C).No. 18070 of 2014 5 stay/injunction is not remaining in force, necessary action shall be taken to implement Ext.P5 order at the earliest.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 15.01.2019 WP(C).No. 18070 of 2014 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTO COPY OF THE TAX RECEIPT DATED 06.04.2014 SHOWING THE REMITTANCE OF TAX IN RESPECT OF THE ROOMS FOR THE PERIOD 2014-15.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE PROVISIONAL ORDER DATED 20.08.2011 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE PHOTOSTAT COPYT OF THE ORDER DATED 14.03.2014 IN RCP NO.17/2011 OF THE RENT CONTROL COURT, ATTINGAL.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE ORDER DATED 14.03.2014 IN RCP NO.7/2011 OF THE RENT CONTROL COURT, ATTINGAL.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ORDER DATED 16.09.2011 ISSUED BY THE ATTINGAL MUNICIPALITY.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 11.04.2012 ISSUED BY ATTINGAL MUNICIPALITY.
RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE