Allowed

Abdul Jabbar K.V. v. District Collector

Kerala HC3 Apr 2018WP(C)/7457/2018

Case brief

AI extract

What is this about?

In a writ petition, the owner of a shopping complex challenged a bus waiting shed erected by the fourth respondent, alleging it caused nuisance. The court directed the third respondent to dispose of the pending representation within a month and ordered the demolition of the structure if unauthorized.

What did the court decide?

Direction to the 3rd respondent to dispose of Ext.P4 within a month; 'notes' that if the shed is unauthorized, steps for demolition shall be taken immediately.

Abdul Jabbar K.V. Vs District Collector — Kerala HC (2018) — LawSathi Research

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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 SHAJI P.CHALY

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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WP(C).No. 7457 of 2018

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PETITIONER:

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ABDUL JABBAR K.V., AGED 68 YRS, S/O MAMMED KUTTY HAJI, KOLATHIKKAL HOUSE, CHEAKODE P.O. CHERUVAYOOR VIA, MALAPPURAM DIST., PIN - 673545.

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BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI

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RESPONDENT(S):

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1 DISTRICT COLLECTOR, MALAPPURAM, PIN - 676 505.

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2 THE SECRETARY, CHEEKODE GRAMA PANCHAYATH, MUNDAKKAL-P.O, CHERUVAYUR, MALAPPURAM DISTRICT, PIN-673645.

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3 ASSISTANT ENGINEER, PWD (ROADS) SECTION, KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638.

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4 DEMOCRATIC YOUTH FEDERATION OF INDIA VETTUPARA UNIT, REPRESENTED BY ITS SECRETARY, JAFER SHEREEF, THACHARAKAAVIL HOUSE, VETTUPARA, CHEEKODE-PO, MALAPPURAM DISTRICT, PIN - 673645.

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R1 & R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M. MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 7457 of 2018 (F)

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APPENDIX

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PETITIONERS' -------------	EXHIBITS: --------
EXHIBIT P1	TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT ON 12/2/2018.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT ON 12/2/2018.
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THIRD RESPONDENT ON 12/2/2018.
EXHIBIT P5	TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 12/2/2018.

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RESPONDENTS' EXHIBITS: NIL ---------------------

/TRUE COPY/

P.S.TO JUDGE

mbr/ 04.04.2018.

SHAJI P. CHALY, J.

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W.P.(C) No.7457 of 2018

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----------------------------------------------Dated this the 3^rd day of April, 2018

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J U D G M E N T

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Petitioner is the owner of a shopping complex situated on the side of Areecode - Edavannapara PWD Road forming part of Kozhikode - Nilambur State Highway. The grievance highlighted by the petitioner in this writ petition is, the 4^th respondent without any authority has put up a bus waiting shed in front of the shopping complex of the petitioner, which is creating lot of nuisance to the people visiting the shopping complex. In order to ventilate the grievances, petitioner has submitted Ext.P4 before the 3^rd respondent, which is pending consideration. Petitioner seeks direction for early disposal of Ext.P4.

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Heard learned counsel for petitioner and learned Senior Government Pleader.

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Learned counsel for petitioner reiterated the contentions raised in the writ petition. Learned Senior Government Pleader pointed out that, already action is

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W.P.(C) No.9590 of 2018

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initiated and also notice is issued to the 4^th respondent in order to demolish the structure. It is also submitted that, the structure is an unauthorized one and put up without taking any permission from the PWD authorities.

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Having regard to the facts and circumstances of the case, there will be a direction to the 3^rd respondent to consider Ext.P4 in accordance with law and attain finality at the earliest possible time and at any rate within a month from the date of receipt of copy of this judgment. I make it clear that, if it is found that, the waiting shed is unauthorized, necessary steps shall be taken immediately in order to demolish the same.

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Writ petition is disposed of accordingly.

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Sd/-

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JUDGE

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smv 3.4.2018

Abdul Jabbar K.V. v. District Collector

Case brief

What is this about?

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Abdul Jabbar K.V. v. District Collector

Case brief

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