Kerala High Court
The Palakkad Municipality vs Devadas on 8 July, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WA No.847/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
WA NO. 847 OF 2021
Against Judgment dated 18.01.2021 in WP(C) 133/2021 of this Court
APPELLANTS/RESPONDENTS 1 AND 2:
1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL
OFFICE, PALAKKAD-678 001.
2. THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD-678
001.
BY ADV.SRI. BINOY VASUDEVAN
RESPONDENTS/PETITIONER&RESPONDENTS 3 AND 4:
1. DEVADAS, S/O.SUBRAMANIAN, PULIKKAL HOUSE, KOPTTEKAD P.O.,
MALAMPUZHA-678 732, MALAMPUZHA, PALAKKAD DISTRICT, REPRESENTED BY IT
POWER OF ATTORNEY HOLDER, RAJITH K.A., S/O.ARAVINDAKSHAN, AGED 54
YEARS, PALIKANDATH HOUSE, KINASSERI P.O., KADUMTHIRUTHI, PALAKKAD
DISTRICT-678 707.
2. THE DISTRICT TOWN PLANNING OFFICER, PALAKKAD, CIVIL STATION,
PALAKKAD-678 001.
3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM-695 001.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased to
stay the operation and implementation of the judgment 18.01.2021 in WP(C)
No.133/2021, pending disposal of the writ appeal, in the interest of
justice.
This Writ Appeal coming on for orders on 08.07.2021, upon perusing
the appeal memorandum, the court on the same day passed the following:-
WA No.847/2021 2/3
S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
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W.A. No. 847 of 2021
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Dated this the 8th day of July, 2021
ORDER
S. Manikumar, CJ.
Being aggrieved by the directions issued in W.P(C). No.133 of 2021 dated 18.1.2021, directing the appellant/Municipality to consider the application submitted by the 1st respondent, untrammelled by the stipulations in the DTP Scheme, pertaining to the land in question and pass orders on the application within the time frame, instant writ appeal is filed.
2. We have heard learned counsel appearing for both parties.
3. The Scheme is not produced before the writ court. Perusal of the impugned judgment also shows that without there being a detailed counter affidavit filed by the appellant/Municipality, impugned judgment has been passed, upon hearing the learned counsel appearing for the parties.
4. To have a complete picture of the subject in issue, we direct the Palakkad Municipality to produce the DTP Scheme, pertaining to the subject property in question and the area involved. Appellant is also directed to file a detailed affidavit, on the averments made in the writ petition.
WA No.847/2021 3/3W.A.847/2021 2
5. Learned counsel for the appellant submitted that a Contempt petition has been filed alleging non-compliance of the directions issued.
Post on 26.7.2021. There will be a stay of operation of the operative portion of the impugned judgment, till then.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
08-07-2021 /True Copy/ Assistant Registrar