Petitioner sought a direction for connecting his land via a culvert replacing an existing bridge. Court directed the Municipality to consider the pending representation and pass orders expeditiously.
Directed the Municipality to consider the petitioners representation regarding the construction of a culvert and pass orders expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 27TH DAY OF JUNE 2012/6TH ASHADHA 1934
WP(C).No. 119 of 2009 (L)
PETITIONER(S):
K.M.ABDUL KHADER KUNJU, AGED 64 YEARS, S/O.MUHAMMED KUNJU, ROSE HOUSE, MANNANCHERRY ALAPPUZHA.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.P.J.JOSEPH SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
2. ALAPPUZHA MUNICIPALITY REPRESENTED BY IT'S SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA.
R1 BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI R2 BY SRI.M.K.CHANDRAMOHAN DAS, SC, ALAPPUZHA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WPC.NO:119/2009
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | TRUE COPY OF THE SALE DEED NO.3395 DATED 20/8/1997 OF THE S.R.O. ALAPPUZHA |
|---|---|---|
| EXT.P1(a) | : | TRUE COPY OF THE BASIC TAX RECEIPT NO.2785939 DATED 11/11/08 |
| EXT.P2 | : | TRUE COPY OF THE LAY-OUT PLAN OF THE STADIUM |
| EXT.P2(a) | : | THE LAY-OUT PLAN PUBLISHED IN THE MATHRUBHUMI DAILY |
| EXT.P2(b) | : | TRUE COPY OF THE PHTOGRAPHS (3 IN NUMBER) SHOWING THE DIFFERENT ASPECTS |
| EXT.P3 | : | TRUE COPY OF THE LAWYER NOTICE DATED 30/08/08 SENT BY THE PETITIONER TO THE RESPONDENT. |
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
MJL
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.119 OF 2009(L)
-------------------------------------------------Dated this the 27th day of June, 2012
J U D G M E N T
Prayer in the writ petition is to direct the Municipality to construct a culvert across the Thodu passing through the property of the respondent Municipality, replacing the existing bridge. According to the petitioner he has filed a representation in that behalf to the Municipality on 7.2.2009 and it is stated that the representation has not been considered. This is an issue which is for the Municipality to decide. Therefore I direct the Municipality to consider, if such a representation has been received and is pending. Orders thereon shall be passed as expeditiously as possible.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No.
:2 :
3 issues framed by the court
Whether the petitioners representation seeking construction of a culvert was correctly termed not considered.
Whether the petitioner is entitled to an order directing the Municipality to expeditiously consider the representation.
Whether the existence of an existing bridge provides grounds for disputing the need for a culvert.
K.M.ABDUL KHADER KUNJU
STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
ALAPPUZHA MUNICIPALITY REPRESENTED BY IT'S SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA
ANTONY DOMINIC J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
