Kerala High Court
Mahesh Vijayan vs District Collector, Kottayam on 12 January, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 12th day of January 2022 / 22nd Pousha, 1943
WP(C) NO. 21823 OF 2020(S)
PETITIONER:
MAHESH VIJAYAN, AGED 38 YEARS, S/O.R. VIJAYAN,
ATTUVAYIL HOUSE, S.H. MOUNT P.O., KOTTAYAM-686 006.
RESPONDENTS:
1. DISTRICT COLLECTOR, KOTTAYAM, CIVIL STATION, KOTTAYAM-686 001.
2. KOTTAYAM MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPALITY OFFICE,
KOTTAYAM-686 001.
3. THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPALITY OFFICE,
KOTTAYAM-686 001.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5. DIRECTOR OF URBAN AFFAIRS, SWARAJ BHAVAN, NANTHANKODE,
THIRUVANANTHAPURAM-695 003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction to the 1st respondent to ensure that
no stacking of materials in the 1st floor and the 2nd floor of the
Thirunnakkara bus stand shopping complex and to comply with the directions
contained in Exhibit P4 report.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's judgment dated
12/11/2020 and upon hearing the arguments of SRI.JOMY K. JOSE, Advocate
for the petitioner, SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER &
GOVERNMENT PLEADER for R1, R4 & R5 and of SRI.SIBY CHENAPPADY, STANDING
COUNSEL for R2 & R3, the court passed the following:
P.T.O.
EXHIBIT P4: TRUE COPY OF THE REPORT SUBMITTED BY THE
STRUCTURAL ENGINEERING DIVISION OF THE COLLEGE
OF ENGINEERING TRIVANDRUM DATED 08/03/2019.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.P.(C)No.21823 of 2020-S
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Dated this the 12th day of January, 2022
ORDER
S.Manikumar, C.J.
Though directions have been issued as early as on 12.11.2020, the same have not been complied with in letter and spirit, except to state that despite steps being taken to implement the directions, there were no takers to do the work of retrofitting and in such circumstances, subject matter was placed before the Municipal Council on 24.05.2021.
2. It was decided to again re-tender the work of retrofitting. Since no person came forward to do the above said work, now a decision has been taken to demolish and reconstruct.
3. Whatever be the reasons, having regard to the opinion of the Department of Civil Engineering, College of Engineering, Trivandrum that the building is very old and in a distressed state, W.P.(C)No.21823 of 2020-S -:2:- and taking note of the difficulty, when the model code of conduct was in force, we issued directions, inter alia, to submit a report on or before 31.03.2021, but the authority has not taken any steps to file a report as directed. The directions issued by this court on 12.11.2020 are reproduced:
1) Kottayam Municipality shall make a request to the Kerala State Election Commission with necessary documents and Ext P4 report, at the earliest possible and at any rate within 10 days from the date of receipt of a copy of this judgment, seeking permission to start repair work in respect of the Municipality bus stand shopping complex on account of the plan fund of Rs.50 lakhs allotted during the financial year 2020- 2021.
2) If and when the request is received by the Kerala State Election Commission, the State Election Commission shall take into account the urgency of the matter and take a decision at the earliest and at any rate within a week from the date of receipt of the request.
3) On receipt of the permission from the Kerala State Election Commission by the Municipality, the Municipality shall seek administrative sanction from the State Government, at the earliest and at any rate within a week thereafter.
4) The State Government, on receipt of the request for administrative sanction, shall consider and take a decision at the earliest and at any rate within a week thereafter.
5) Municipality, on receipt of the administrative sanction from the Government as directed above, shall take immediate steps to issue the work order by complying with the procedures under the Act, 1994 and Rules W.P.(C)No.21823 of 2020-S -:3:- thereto and any attendant Government Orders in that regard and complete the repair works within three months from the date of receipt of the administrative sanction from the State Government as directed above and file a report before this Court on or before 31.3.2021.
6) Municipality shall strictly abide by the suggestions made in the expert report and take all precautions including a decision as to whether the shop rooms remaining vacant need be let out.
4. Kottayam Municipality, represented by its Secretary is directed to implement the directions within three weeks from today, failing which the court would be constrained to consider, invoking the provisions under the Contempt of Courts Act, 1971.
Post on 03.02.2022.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv 12-01-2022 /True Copy/ Assistant Registrar