Petitioner sought injunction against legal heirs of deceased 4th respondent to stop construction violating a Stop Memo. Court directed the Municipality Secretary to hear parties and decide the Stop Memo matter within one month.
Directed Secretary of Ramanattukara Municipality to hear parties and take final decision on Ext.P3 within one month.
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 MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
WP(C).No.15079 OF 2019(H)
PETITIONER:
PONNAKKAMBAT PREMALATHA
AGED 49 YEARS
D/O. VELAYUDHAN, RESIDING AT KUNIYATH HOUSE, FEROKE COLLEGE POST, VELIPRAM AMSOM, KARINKALLAI DESOM, KOZHIKODE DISTRICT, PIN - 673 632.
BY ADVS. SRI.J.R.PREM NAVAZ SHRI.SUMEEN S. SMT.PARVATHY S.KRISHNAN MITHUN P
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM.
3 THE SECRETARY RAMANATTUKARA MUNICIPALITY, OFFICE AT PARAMMAL ROAD, RAMANATTUKARA, KOZHIKODE DISTRICT, PIN - 673 632 REPRESENTED BY ITS SECRETARY.
4 K. P. KUNJU S/O. ALAGIRI, RESIDING AT KODAKKALLLUPARMBA HOUSE, FEROKE COLLEGE POST, HOUSE NO.17/151, VELIPRAM AMSOM, KARINKALLAI DESOM, KOZHIKODE DISTRICT, PIN - 673 632.
6 ADDL.R6. KANAKAMANI, AGED 47 YEARS, W/O.KUNJAN, ATTUPURAMCOLONY, CHENNAMANGALLUR, MUKKOM, KOZHIKODE-673 607.
WP(C).No.15079 OF 2019
2
8 ADDL.R8. BAIJU K.P., AGED 38 YEARS, S/O.LATE KUNJU, KODAKKALLUPARAMBA HOUSE, FEROKE COLLEGE P.O., HOUSE NO.17/151, VELIPRAM AMSOM, KARINKALLAI DESOM,KOZHIKODE DISTRICT-673 655.
ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DATED 0411-2019 IN IA 2/2019
R4 BY ADV. SRI.P.V.KUNHIKRISHNAN R4 BY ADV. SRI.P.V.ANOOP
OTHER PRESENT:
SRI. P.C. SASIDHARAN SR.G.P. SMT. AMMINIIKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15079 OF 2019
3
JUDGMENT
(Dated this the 2nd day of December, 2019)
The petitioner has approached this Court
seeking that respondents 5 to 8, who are the
legal heirs of 4th respondent, be directed not to cause any construction in their property,
pursuant to Ext.P3 Stop Memo issued by the
Secretary of Ramanattukara Municipality.
respondent, who is now no more, began
construction on the strength of Ext.P2 Building
Permit, but that the said permit had been obtained by him without disclosing the relevant and germane facts before the Municipality, thus constraining its Secretary to issue Ext.P3 Stop Memo. The petitioner alleges that since, in
spite of Ext.P3, respondent No.4 was continuing
with the construction he was forced to file this
writ petition; and asserts that after his death,
WP(C).No.15079 OF 2019
4
his legal heirs are continuing to do so, thus
praying that they be directed not to do so.
respondents 5 to 8, in response, submitted that
the allegations of the petitioner is wholly untrue and that no construction has been carried on by his clients after Ext.P3 had been received. He says that his clients have filed objections to Ext.P3 and prays that proceedings pursuant to the same be directed to be completed by the Secretary of Ramanattukara Municipality at the earliest.
is without doubt that the specific stand of
respondents 5 to 8 is that they have not violated Ext.P3, but they pray that proceedings pursuant thereto be directed to be disposed of at the earliest.
I find this request of respondents 5 to 8 to
be reasonable; and, in any event of the matter, the Secretary of the Municipality is enjoined in
WP(C).No.15079 OF 2019
5
law to complete such proceedings at the earliest, rather than keep it pending ad infinitum .
In the afore circumstances, recording the
submissions of respondents 5 to 8, that they are not making any construction in violation of Ext.P3, I direct the Secretary of the Ramanattukara Municipality to hear both the parties and take a final decision pursuant to Ext.P3 and communicate the resultant order to them as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
AJM
WP(C).No.15079 OF 2019
6
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BY THE PETITIONER IN O.S. NO. 578 OF 2016 BEFORE THE HONOURABLE MUNSIFF COURT-II KOZHIKODE DISTRICT.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 29.12.2018 ISSUED TO THE 4TH RESPONDENT FROM THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED TO THE 4TH RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE NOTICE ISSUE BY THE 3RD RESPONDENT DATED 29.04.2019.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE STATEMENT WITHOUT EXHIBITS DATED 04.04.2019 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.
AJM //TRUE COPY// CA TO JUDGE
3 issues framed by the court
Whether the writ petitioner is directed that the Secretary of Ramanattukara Municipality complete proceedings pursuant to Ext.P3 Stop Memo within one month.
Whether legal heirs of the deceased 4th respondent are violating the Stop Memo by continuing construction.
Whether the Secretary of the Municipality is enjoined to complete land administration proceedings expeditiously.
1 provisions across 1 enactments
PONNAKKAMBAT PREMALATHA
STATE OF KERALA
RAMANATTUKARA MUNICIPALITY
THE SECRETARY RAMANATTUKARA MUNICIPALITY
K. P. KUNJU
MALU
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
