Dismissed

M.C.Sreedharan v. Kozhikode Nagara Sabha

Kerala HC21 May 2019RSA/822/2008

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the second appeal filed by legal heirs against the dismissal of their suit for recovery of damages. The Court held that Section 563 of the Kerala Municipality Act, 1994 expressly bars suits challenging actions taken under Chapter XVII regarding removal of encroachments on municipal land, rendering the appeal lacks in merit.

What did the court decide?

Appeal dismissed without cost.

M.C.Sreedharan Vs Kozhikode Nagara Sabha — Land Acquisition | Kerala HC (2019)

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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.SOMARAJAN

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TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941

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RSA.No. 822 of 2008

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AGAINST THE JUDGMENT & DECREE IN AS 112/2005 of III ADDITIONAL SUB COURT, KOZHIKODE DATED 29-02-2008

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AGAINST THE JUDGMENT & DECREE IN OS 58/1998 of ADDITIONAL MUNSIFF-1 COURT ,KOZHIKODE DATED 30.07.2005

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APPELLANTS/APPELLANTS/PLAINTIFF:

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1 M.C.SREEDHARAN (LEGAL HEIR) S/O.LATE KUNHIRAMAN,'SUVARNA',WEST NADAKKAVU, KATCHERI AMSOM, DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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2 ADDL.A2-SHYJITH M.C., S/O.M.C. SREEDHARAN, 'SUVARNA', WEST NADAKKAVU, KATCHERI AMSOM, DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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3 ADDL.A3-SOBHANA M.C W/O.LATE SREEDHARAN, 'SUVARNA', WEST NADAKKAVU, KATCHERI AMSOM, DESOM OF KOZHIKODE TALUK.

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4 ADDL. A4-SHIBILA SANJITH , 'SUVARNA', WEST NADAKKAVU, KATCHERI AMSOM, DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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(ADDL.APPELLANTS ARE IMPLEADED AS THE LR'S OF THE DECEASED APPELLANT VIDE ORDER DATED 12.07.2010 IN IA.1620/2010).

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BY ADVS.

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SMT.A.R.PRAVITHA SRI.K.MOHANAKANNAN

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RSA.No. 822 of 2008

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RESPONDENTS/RESPONDENTS/DEFENDANTS:

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1 KOZHIKODE NAGARA SABHA REPRESENTED BY ITS SECRETARY HAVING HIS PRINCIPAL PLACE OF BUSINESS AND OFFICE SITUATED AT NAGARAM AMSOM, & DESOM OF KOZHIKODE TALUK.

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2 THE SECRETARY KOZHIKODE NAGARA SABHA HAVING OFICE SITUATED AT NAGARAM AMSOM, DESOM OF KOZHIKODE TALUK.

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3 M.USHA, TOWN PLANNING OFFICER KOZHIKODE NAGARA SABHA IN NAGARAM AMSOM, DESOM OF KOZHIKODE TALUK.

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4 V.RAMAKRISHNAN, BUILDING INSPECTOR KOZHIKODE NAGARA SABHA IN NAGARAM AMSOM, DESOM OF KOZHIKODE TALUK.

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5 P.RADHAKRISHNAN, SURVEYOR, KOZHIKODE NAGARA SABHA IN NAGARAM AMSOM, AND DESOM OF KOZHIKODE TALUK.(DELETED)

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(RESPONDENT NO.5 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF APPELLANT AS PER THE ORDER DATED 06.04.2018 IN IA.1162/2018)

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R4 BY ADV SRI.BABU JOSEPH KURUVATHAZHA R1 & R2 BY ADVS SRI.K.D.BABU SC KOZHIKODE CORPORATION SRI.T.K.BIJU (MANJINIKARA)

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RSA.No. 822 of 2008

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JUDGMENT

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The original plaintiff who lost his case both in the Trial Court and the First Appellate Court came up with this second appeal challenging the dismissal of a suit for recovery of damages as against the statutory authority constituted under Kerala Municipality Act, 1994, the defendant.

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Compensation and damages claimed based on the Act done by the defendant Municipality through its Secretary with respect to removal of bricks from road purampoke land vested with the Municipality.

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Admittedly the cause of action for the suit has arisen based on the removal of encroachment done by the Municipality over the land lying adjoining to the Panchayat Road which according to the defendant Municipality would form part of the Municipal Road purampoke. The matter would come under the purview of Chapter XVII of the Kerala Municipality Act, 1994 and there is an express bar under

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RSA.No. 822 of 2008

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Section 563 of the Kerala Municipality Act, in entertaining a suit challenging any of the action taken by the Secretary or purports to have been taken by the Municipality under Chapter XVII, XVIII and XIX. The clear bar would operate and no suit will lie against the actions done by the Secretary under the provisions contained in Chapter XVII, XVIII and XIX of the Kerala Municipality Act, 1994.

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It was submitted by the learned counsel for the appellant that there was a status quo order not to do any action by the Municipality the defendant over the plaint schedule property by way of an interim order. The interim order passed by the Trial Court per se not sustainable as there cannot be an interim order restraining exercise of statutory power vested with the local authority. The ad interim order passed by the Trial Court will not have any over riding effect over the provision contained in the Kerala Municipality Act namely Section 563 of the Act. Hence there is no merits in the arguments. None of the questions raised/framed at the time of

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RSA.No. 822 of 2008

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admission of this appeal involved in the case in hand. Hence appeal lacks in merit. This appeal was only to be dismissed, I

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do so. The appeal dismissed but without cost.

Sd/-

P.SOMARAJAN

JUDGE

SVP

//TRUE COPY//

Sd/-

PA TO JUDGE

M.C.Sreedharan v. Kozhikode Nagara Sabha

Case brief

What is this about?

What did the court decide?

M.C.Sreedharan v. Kozhikode Nagara Sabha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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