Partly allowed

Kuttappan P. v. Kalpetta Municipality

Kerala HC24 May 2016WP(C)/13592/2006

Case brief

AI extract

What is this about?

The court addressed a long-pending writ petition regarding an order directing demolition of an unauthorized wall. After noting the petition had been stayed for ten years, the court set aside the impugned notices and orders without examining merits, directing fresh proceedings with notice to the petitioner.

What did the court decide?

Exts. P3 and P5 are set aside; writ petition closed with no costs; fresh proceedings must be taken afresh with notice to the petitioner.

Kuttappan P. Vs Kalpetta Municipality — Property and Title | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938

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WP(C).No. 13592 of 2006 (R)

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PETITIONER:

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KUTTAPPAN.P., AGED 49 YEARS, S/O.SAMIKUTTY, PALANOOR PARAMBIL, NEAR K.S.R.T.C GARAGE, KALPETTA.

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BY ADV. SRI.PHILIP M.VARUGHESE

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RESPONDENTS:

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1. KALPETTA MUNICIPALITY, KALPETTA, WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY.

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2. NABEESA.K., KANDILERI, NAZEEM MANZIL, KALPETTA, WAYANAD DISTRICT.

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R2 BY ADV. SRI.VARGHESE PREM R1 BY ADV. SRI.A.K.SRINIVASAN R1 BY ADV. SRI.A.S.BENOY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13592 of 2006 ®

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APPENDIX

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PETITIONER'S EXHIBITS

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P1: TRUE COPY OF THE RECEIPT DATED 1.2.2006 FOR PAYMENT OF LICENCE FEE FOR CONDUCTING TRADE IN TEA DUST.

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P2: TRUE COPY OF RECEIPT FOR PAYMENT OF RENT, DATED 1.1.2006 ISSUED BY THE 2ND RESPONDENT

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P3: TRUE COPY OF NOTICE NO.E2/6608/05 DATED 10.5.2006 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT

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P4: TRUE COPY OF REPRESENTATION DATED 20.5.2006 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.

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P5: TRUE COPY OF THE ORDER DATED 5.7.2006

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P6: PHOTOGRAPH OF BUILDING NO.9/220 OF THE KALPATA MUNICIPALITY

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P7: TRUE COPY OF THE REPLY TO THE PETITIONER DATED NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

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W.P.(C) No. 13592 of 2006 (R)

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Dated this the 24^th day of May, 2016

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J U D G M E N T

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The writ petition was filed against Ext.P3 order of

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the respondent Municipality, wherein an unauthorised wall, constructed in the room allotted to the petitioner, was directed to be demolished. This Court had, by interim order dated 25.05.2006, directed that the petitioner shall be heard in relation to Ext.P3 and that Ext.P4 objection filed shall be considered. Pursuant to the interim order, the Municipality is said to have heard the petitioner and passed Ext.P5 order, which is also challenged in the above writ petition. Ext.P5 directed demolition and affirmed the notice at Ext.P3. The petitioner filed I.A. No.4200/2006 in which there was an interim order granted staying Ext.P5.

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W.P.(C) No. 13592/2006

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-2-

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Considering the passage of time it would be appropriate that if the Municipality is desirous of any proceedings on the very same subject matter, the same shall be taken afresh, in accordance with law. Exts. P3 and P5 are set aside, without going into the merits, only considering the fact that the same was stayed by this Court in the above writ petition, which has been pending here for the last ten years. All contentions of either parties are left open. Any fresh proceedings taken shall be with notice to the petitioner

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The writ petition is closed. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 24 /5/16

Kuttappan P. v. Kalpetta Municipality

Case brief

What is this about?

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Kuttappan P. v. Kalpetta Municipality

Case brief

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