Kerala High Court
Ratheesh P.R vs Attingal Municipality on 11 November, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 15TH DAYOF NOVEMBER 2017/24TH KARTHIKA, 1939
WP(C).No. 36614 of 2017 (B)
----------------------------
PETITIONER(S):
----------------------
RATHEESH P.R.,
S/O.PURUSHOTHAMAN, RAJALEKSHMI BHAVAN,
MARKET ROAD, KOTTIYODE, ATTINGAL P.O.,
CHIRAYINKEEZHU-695101.
BY ADV. SRI.M.BALAGOVINDAN
RESPONDENT(S):
-----------------------
1. ATTINGAL MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPALITY BUILDINGS,
ATTINGAL-695101.
2. ATTINGAL MUNICIPAL COUNCIL,
REPRESENTED BY ITS CHAIRMAN,
MUNICIPALITY BUILDINGS,
ATTINGAL-695101.
3. SYAMARAJ,
S/O.SATHYAN, SATHYAVILASAM,
PERIMKULAM, PALAMKONAM P.O.,
ATTINGAL-695101.
R1 & R2 BY SRI.AYYAPPAN SANKAR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 36614 of 2017 (B)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 11.11.2016.
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.2062/1992.
EXHIBIT P3 TRUE COPY OF THE ORAL CONSENT GIVEN FORTIFIED BY
WRITING DATED 25.10.2016.
EXHIBIT P4 TRUE COPY OF THE ORDER OF FIRST RESPONDENT
DATED 26.10.2017.
EXHIBIT P5 TRUE COPY OF THE APPEAL FILE NO.15198/2017 ALONG WITH
STAY PETITION DATED 06.11.2017.
RESPONDENT(S)' EXHIBITS - NIL
------------------------------------------------
/TRUE COPY/
P.S TO JUDGE
TS
P.B.SURESH KUMAR, J.
= = = = = = = = = = = = = = =
W.P.(C).No.36614 of 2017-B.
= = = = = = = = = = = = = = =
Dated this the 15th day of November, 2017
J U D G M E N T
Ext.P4 is an order passed by the Secretary of the first respondent Municipality directing demolition of a building in the possession of the petitioner on the ground that the same is one constructed encroaching upon a property of the Municipality. The petitioner challenged Ext.P4 order before the Council of the Municipality. Ext.P5 is the appeal. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the Council of the Municipality to take a decision on Ext.P5 appeal within a time frame.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the first respondent Municipality.
WP.(C).No.36614/2017-B. 2 Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent, the Council of the Municipality to take a decision on Ext.P5 appeal in the next meeting of the Council itself. Ordered accordingly. Needless to say that further proceedings pursuant to Ext.P4 shall be deferred till a decision is taken on Ext.P5 appeal by the second respondent.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //