Disposed

Nisha Rani v. District Collector, Kollam

Kerala HC4 Apr 2014WP(C)/3996/2014

Case brief

AI extract

What is this about?

This writ petition challenged an interim prohibitory order regarding construction. The Court directed the District Collector to consider the complaint filed by the 11th respondent, afford an opportunity of hearing to parties, and pass a final order within two months.

What did the court decide?

Direction to the first respondent, District Collector, to consider and pass orders on the complaint filed by the 11th respondent within two months after affording an opportunity of hearing to the part

Nisha Rani Vs District Collector, Kollam — Environment and Pollution | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936

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WP(C).No. 3996 of 2014 (Y)

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PETITIONERS:-

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1. NISHA RANI,S N.N NIVAS, MUKKOODU P.O, MULAVANAM VILLAGE KUNDARA, KOLLAM

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2. AJI KUMAR N.N NIVAS, MUKKOODU P.O, MULAVANAM VILLAGE KUNDARA, KOLLAM

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BY ADV. SRI.B.DIPU SACH DEEV

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RESPONDENTS:-

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1. THE DISTRICT COLLECTOR, KOLLAM - 691001

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2. THE VILLAGE OFFICER,MULAVANA VILLAGE, MULAVANA (PO) KUNDARA KOLLAM - 691 501

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3. ASSISTANT DISTRUCT INDUSTRIES OFFICER, DISTRICT INDUSTRIES CENTRE,KOLLAM - 691 001

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4. THE DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER OF

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HEALTH,KOLLAM 691 - 001

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5. THE ASSISTANT DIVISIONAL OFFICER FIRE AND RESCUE OFFICE OF THE ASSISTANT DIVISIONAL OFFICER FIRE AND RESCUE SERVICES,KOLLAM - 691 001

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6. DISTRICT TOWN PLANNER TOWN PLANNING OFFICE, KOLLAM - 691 001 7. THE ENVIORNMENTAL ENGINEER,KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE,KOLLAM - 691 001 8. THE AGRICULTURAL OFFICER,KRISHI BHAVAN,KUNDARA GRAMA PANCHAUYATH OFFICE,KOLLAM - 691 001 9. THE SECRETARY KUNDARA GRAMA PANCHAYATH KUNDARA (PO0 KOLLAM - 691 501

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(........2)

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WP(C).No. 3996 of 2014 (Y)

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-: 2 :-

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10. THE LOCAL LEVEL MONITORING COMMITTEE KUNDARA GRAMA PANCHAYATH,REPRESENTED BY ITS CONVENOR, KUNDARA P.O., KOLLAM - 691 501

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11. SELVI REJIKUMAR, THEERTHAM, MUKKOODU (PO0 MULAVANA, KOLLAM - 691 501

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R11 BY ADV. SRI.R.ARUN R11 BY ADV. SRI.LATHEESH SEBASTIAN R9 BY ADV. SRI.MANOJ RAMASWAMY R1 R6 BY SPL.GOVERNMENT PLEADER SRI.P.K.SOYUZ, R7 BY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kvs/-

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WP(C).No. 3996 of 2014 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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EXHIBIT P1 THE TRUE COPY OF THE GIFT DEED DATED 26/12/2011 EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17/04/2012

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EXHIBIT P3 THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 24/04/2013 EXHIBIT P4 THE TRUE COPIES OF 3 PHOTOGRAPHS EVIDENCING PETITIONERS LANDED PROPERTY COVERED BY EXHIBIT P1 EXHIBIT P5 THE TRUE COPY OF THE REPORT NUIMBERED AS KBK 18/13 ISSUED BY THE AGRICULTURAL OFFICER

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EXHIBIT P6 THE TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK

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EXHIBIT P7 THE TRUE COPY OF THE ORDER NUMBERED AS C- 688/2012/K.DS DATED 25/07/2012 ISSUED BY THE 6TH RESPONDENT DISTRICT TOWN PLANNER

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EXHIBIT P8 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE NUMBERED AS A2 3379/2012 DATED 07/08/2012

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EXHIBIT P9 THE TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 27/08/2012

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EXHIBIT P10 THE TRUE COPY OF THE CONSENT NUMBERED AS PCB/KO/CTE/01/2013 DATED 02/01/2013

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EXHIBIT P11 THE TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18/01/2013 EXHIBIT P12 THE TRUE COPY OF THE BUILDING PERMIT DATED 29/01/2013 EXHIBIT P13 THE TRUE COPY OF THE LETTER NO A2/3397/2013-14 DATED 24/08/2013

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EXHIBIT P14 THE TRUE COPY OF THE CRTIFICATE DATED 25/09/2013 NUMBERRED AS 5875/2013

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EXHIBIT P15 THE TRUE COPY OF THE COMMUNICATION DATED 16/12/2013 EXHIBIT P16 THE TRUE COPY OF THE PROHIBITION ORDER NO 6/2013 EXHIBIT P17 THE TRUE COPY OF THE COMPLAINTY FILED BY THE 11TH RESPONDENT

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EXHIBIT P18 THE TRUE COPY OF THE REPORT DATED 4/10/2013

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(..........2)

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WP(C).No. 3996 of 2014 (Y)

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-: 2 :-

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EXHIBIT P19 THE TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER

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EXHIBIT P20 THE TRUE COPY OF THE LICENSE DATED 07/01/2014 ISSUED BY THE KUNDARA GRAMA PANCHAYATH

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RESPONDENT(S)' EXHIBITS:- NIL.

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-// true copy //-

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PA TO JUDGE.

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Kvs/-

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A.MUHAMED MUSTAQUE, J.

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= = = = = = = = = = = = = WP(C).No.3996 of 2014-Y.

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= = = = = = = = = = = = =

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Dated this the 4^th April, 2014.

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J U D G M E N T

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This writ petition is filed challenging Ext.P16 interim prohibitory order issued by the Village Officer, Mulavana against construction. This order has been issued pursuant to a complaint filed by the 11^th respondent before the District Collector, Kollam. Ext.P17 produced by the petitioners is the complaint filed by the 11^th respondent. Admittedly no final order has been passed on Ext.P17. It is submitted by the petitioners that based on an interim order passed by this Court they have completed the construction in their property. Whatever be the facts, the District Collector, Kollam has to take a final decision on Ext.P17 complaint after giving an opportunity of being heard to the petitioner and the 11^th respondent. Therefore, there shall be a direction to the first respondent District Collector to consider and pass orders on Ext.P17. The construction

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WP(C).No.3996/2014-Y.

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undertaken by the petitioners will be subject to the final orders to be passed by the District Collector based on an enquiry in the matter with reference to Ext.P17. It is also open to the petitioners to submit objections if any before the District Collector on Ext.P17. The first respondent District Collector shall consider and dispose of Ext.P17 within a period of two months on receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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A.MUHAMED MUSTAQUE, (Judge)

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Kvs/-

Nisha Rani v. District Collector, Kollam

Case brief

What is this about?

What did the court decide?

Nisha Rani v. District Collector, Kollam

Case brief

What is this about?

What did the court decide?

What the court decided

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