Dismissed

Al-Fitrah Islamic Pre-School v. the Kodungalloor Municipality

Kerala HC5 Dec 2017WP(C)/32646/2017

Case brief

AI extract

What is this about?

Writ petition challenging a stop memo issued by the respondent Municipality was dismissed. The Court found an effective alternative remedy available through appeal under the Municipalities Act. The petitioner was granted two weeks to file the appeal, with further steps under the stop memo kept in abeyance.

What did the court decide?

Petitioner granted two weeks to file appeal under Municipalities Act; steps under stop memo stayed pending appeal.

Al-Fitrah Islamic Pre-School Vs the Kodungalloor… — Municipal and Town Planning | Kerala HC (2017)

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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.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939

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WP(C).No. 32646 of 2017 (E)

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PETITIONER:

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AL-FITRAH ISLAMIC PRE-SCHOOL, 7/732, CHANDAPURA, KODUNGALLUR, PIN - 680 664, REPRESENTED BY THE MANAGER, K.I.ABDUL SALAM, 64 YEARS, S/O.ISMAIL HAJI, KADAMBOTT HOUSE, P.O.SANTHIPURAM, PIN - 680 668, KODUNGALLUR TALUK.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENTS:

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1. THE KODUNGALLOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KODUNGALLUR, PIN - 680 664.

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2. THE SECRETARY, KODUNGALLUR MUNICIPALITY, MUNICIPAL OFFICE, KODUNGALLUR, PIN - 680 664.

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BY SRI.K.A.NOUSHAD, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32646 of 2017 (E)

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APPENDIX

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PETITIONER(S)' --------------	EXHIB ------	ITS ---
EXHIBIT-P1:	TRUE	COPY OF THE	AFFIDAVIT OF AFFILIATION.
EXHIBIT-P2:	TRUE 15.11	COPY OF THE .2016 SHOWIN	NEWS PAPER REPORT OF MALAYALA MANORAMA DATED G THE GRANITE STONES BLOCKING THE SCHOOL GATE.
EXHIBIT-P3:	TRUE	COPY OF THE	INTERIM INJUNCTION ORDER IN O.S.2198/2016.
EXHIBIT-P4:	TRUE	COPY OF THE	APPLICATION FORM DATED 22.12.2016.
EXHIBIT-P5:	TRUE	COPY OF THE	RENT CONTROL PETITION DATED 5.01.2017.
EXHIBIT-P6:	TRUE	COPY OF THE	NOTICE DATED 24.01.2017.
EXHIBIT-P7:	TRUE	COPY OF THE	OBJECTION DATED 18.02.2017.
EXHIBIT-P8:	TRUE	COPY OF THE	APPLICATION DATED 18.04.2017.
EXHIBIT-P9:	TRUE RESPO	COPY OF THE NDENT.	INTIMATION DATED 18.5.2017 FROM THE 2ND
EXHIBIT-P10:	TRUE	COPY OF THE	NOTICE DATED 7.7.2017.
EXHIBIT-P11:	TRUE	COPY OF THE	NOTICE DATED 11.8.2017.
EXHIBIT-P12:	TRUE	COPY OF THE	NOTICE DATED 26.9.2017.
EXHIBIT-P13:	TRUE CRMP.	COPY OF THE 9523/01/LM1/	ORDER DATED 18.5.2017 2016/KESCPCR.

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No.32646 of 2017(E)

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===================================================== Dated this the 5^th day of December, 2017

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JUDGMENT

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The petitioner has approached this Court aggrieved by Ext.P12 stop memo issued to the petitioner by the respondent Municipality. Although various contentions are raised in the writ petition in its challenge against Ext.P12, I find that against Ext.P12 order the petitioner has an effective alternative remedy by way of filing an appeal under the Municipalities Act. Accordingly, without prejudice to the right of the petitioner to move the appellate authority, the writ petition in its challenge against Ext.P12 order is dismissed.

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Taking note of the submission of counsel for the petitioner that he would require some time to move the appellate authority, I direct that if the petitioner moves the appellate authority through an appeal against Ext.P12 within two weeks from the date of receipt of a copy of this judgment, then the appellate authority shall consider the same on merits, and pass orders thereon, within a month thereafter. To enable the petitioner to move the appellate authority, I also direct that further steps pursuant to Ext.P12 stop memo shall be kept in abeyance till such

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-2-

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W.P.(C). No. 32646 of 2017(E)

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time as the appellate authority passes orders in the appeal, as directed and the order is communicated to the petitioner. It is further made clear that, if the petitioner does not prefer the appeal within the time granted in this judgment, then he will lose the benefit of this judgment, and the respondents will be free to proceed further with Ext.P12 stop memo.

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The writ petition is disposed as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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das/ 5.12.2017

Al-Fitrah Islamic Pre-School v. the Kodungalloor Municipality

Case brief

What is this about?

What did the court decide?

Al-Fitrah Islamic Pre-School v. the Kodungalloor Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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