In WP(C) No.31212 of 2006, the petitioner challenged an order by the Tribunal regarding unauthorized construction. The Kerala High Court dismissed the petition, noting pendency of a civil suit and finding the Tribunal's order without illegality.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938
WP(C).No. 31212 of 2006 (N)
PETITIONER(S):
THANKAMMA, W/O.GEORGE, KALAPURAKKAL HOUSE, PUTHURKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK.
BY ADV. SRI.K.B.GANGESH
RESPONDENT(S):
1. THE THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY SECRETARY, THRISSUR MUNCIPAL, CORPORATION OFFICE, THRISSUR.
2. MALATHY, W/O.LATE RAVEENDRAN, KUNNATHULLYPULIKKAL HOUSE, PUTHURKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK.
3. PUSHPAN, S/O.NANU,
4. THULASI, W/O.PUSHPAN,
5. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM.
R1 BY ADVS. SRI.K.P.VIJAYAN
SRI.V.M.SYAM KUMAR SRI.K.A.SREEJITH SMT.KRIPA ELIZABETH MATHEWS SRI.V.N.HARIDAS
R5 BY GOVERNMENT PLEADER SRI.JIBU P. THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 31212 of 2006 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT AS PW/AYL/5124/2003 DTD.24.1.2004. |
|---|
| EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE ENGINEER OF THE FIRST RESPONDENT AS NO.PW/AYL/5124/2003 DTD.24.1.2004. |
| EXHIBIT P3 TRUE COPY OF THE ORDER OF THE ASSISTANT ENGINEER OF THE FIRST RESPONDENT AS NO.PW/AYL/5124/2003 DTD.24.1.2004. |
| EXHIBIT P4 TRUE COPY OF THE PLAINT IN OS.NO.357/2004 BEFORE THE MUNSIFF COURT, THRISSUR FILED BY RESPONDENTS 2 AND 3 DTD.3.2.2004. |
| EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXHIBIT P4 SUIT ON 30.7.2004. |
| EXHIBIT P6 TRUE COPY OF THE INJUNCTION PETITION FILED BY THE PETITIONER AS I.A.NO.10645/2005 IN OS.NO.4041/2005 DTD.20.12.2005 BEFORE THE MUNSIFF COURT, THRISSUR. |
| EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF HON'BLE COURT, DTD.7.2.2006, IN WP(C) NO.3446/2006. |
| EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT AS AYYANTHOLE PW/5124/2003 DTD.27.4.2006. |
| EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DTD.28.5.2006. |
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DTD.29.7.2006 IN APPEAL NO.227/2006.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
P.V.ASHA, J.
W.P.(C) No.31212 of 2006
Dated this the 12th day of July, 2016
JUDGMENT
This writ petition was filed challenging Ext.P10 order and for a direction to remove unauthorised construction effected by respondents 2 to 5 in the petitioner's property.
Learned counsel for the Thrissur Municipal Corporation submitted that in respect of the very same matter a civil suit is pending between the petitioner and respondents 2 to 4. In the above circumstances, no orders are necessary in this writ petition. It is seen that the Tribunal had also taken not of the pendency of the suit between the petitioner and respondents 2 to 4. There is nothing illegal in the order passed by the Tribunal also, which found that the order keeping further proceedings on the basis of the provisional order issued on 24.1.2004 in abeyance was only up to disposal of the pending civil suit and the action of the 4th respondent which was upheld in the order of the Tribunal, there is no circumstances warranting interference with the order Ext.P10. In the above circumstances, this writ petition is dismissed.
Sd/-
P.V.ASHA JUDGE
rkc
1 issue framed by the court
Whether to interfere with the High Court Tribunal's order in light of a pending civil suit between the parties.
Thankamma W/o George
The Trissur Municipal Corporation
Malathy
Pushpan
Thulasi
The Tribunal for Local Self Government Institutions
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
