Allowed

C.P.Benny v. Tripunithura Municipality

Kerala HC10 Nov 2017WP(C)/36142/2017

Case brief

AI extract

What is this about?

The Court allowed the writ petition directing the Tripunithura Municipality to take a decision on a complaint regarding alleged unauthorized construction after affording an opportunity of hearing to all parties, while maintaining the existing stop order pending compliance.

What did the court decide?

Directed the second respondent to take a decision on the complaint after affording an opportunity of hearing to the petitioners and third respondent; the stop order (Ext.P3) shall not be modified unti

C.P.Benny Vs Tripunithura Municipality — Public Procurement and Tenders | 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 P.B.SURESH KUMAR

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FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939

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WP(C).No. 36142 of 2017 (P)

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PETITIONERS :

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1. C.P.BENNY, SECRETARY, PALLIPANATHU LANE RESIDENTS ASSOCIATION, EROOR, TRIPPUNITHURA - 682 306.

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2. R. VIJAYAN, PRESIDENT, PALLIPANATHU LANE RESIDENTS ASSOCIATION, EROOR, TRIPPUNITHURA - 682 306.

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BY ADVS.SRI.P.SREEKUMAR

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SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA SMT.SANDHYA R.NAIR SMT.P.M.MAZNA MANSOOR SRI.JEEVAN RAJEEV

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RESPONDENTS :

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1. TRIPUNITHURA MUNICIPALITY REPRESENTED BY ITS SECRETARY, TRIPUNITHURA 682 306.

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2. THE SECRETARY, TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA 682 306.

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3. SARASAMANI, W/O. DASAN, KOOVAKKATT, PALLIPANATHU LANE, EROOR TRIPPUNITHURA - 682 306.

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R1 & R2 BY SRI.V.M.KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36142 of 2017 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE PETITION DATED 05.10.2017 SUBMITTED BEFORE THE MUNICIPALITY. EXHIBIT P2: TRUE COPIES OF THE RECEIPT ISSUED FROM THE MUNICIPALITY. EXHIBIT P3: TRUE COPY OF THE STOP MEMO DATED 25.10.2017 ISSUED BY THE MUNICIPALITY. EXHIBIT P4: TRUE COPY OF THE COMPLIANT DATED 02.11.2017 SUBMITTED BEFORE THE MUNICIPALITY. EXHIBIT P5: TRUE COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY FOR THE RECEIPT OF EXHIBIT P4.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

P.B.SURESH KUMAR, J.

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

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W.P.(C).No.36142 of 2017-P.

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

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Dated this the 10^th day of November, 2017

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J U D G M E N T

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Ext.P4 is a complaint lodged by the Residents Association, of which petitioners are the office bearers, voicing their grievance against the alleged unauthorised construction of a compound wall by the third respondent. The limited prayer made by the learned counsel for the petitioners, when this matter was taken up for admission, is for a direction to the second respondent to take a decision on Ext.P4 complaint, after affording an opportunity of hearing to the petitioners as also the third respondent.

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Heard the learned counsel for the petitioners

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as also the learned Government Pleader.

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on Ext.P4 complaint preferred by the petitioners, after affording an opportunity of hearing to the petitioners as

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WP.(C).No.36142/2017-P.

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also the third respondent. Ordered accordingly. If Ext.P3 stop memo has so far not been modified, the same shall not be modified before complying with the direction aforesaid.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

C.P.Benny v. Tripunithura Municipality

Case brief

What is this about?

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C.P.Benny v. Tripunithura Municipality

Case brief

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