Disposed

Mohammed Basheer, v. State of Kerala

Kerala HC22 Jan 2019WP(C)/1798/2019

Case brief

AI extract

What is this about?

In a writ petition challenging illegal constructions, the High Court of Kerala, without expressing a view on merits, directed the 2nd Respondent Municipality to consider an exhibit complaint and attain finality within a month after providing notice to interested parties.

What did the court decide?

The 2nd Respondent (Municipality) is directed to consider the complaint dated 24.09.2018 and attain finality within a month of receiving this judgment copy, after giving notice to interested persons.

Mohammed Basheer, Vs State of Kerala — Writ and Judicial Review | 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 SHAJI P.CHALY

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TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940

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WP(C).No. 1798 of 2019

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PETITIONER/S:

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MOHAMMED BASHEER, AGED 43 YEARS, S/O IBRAHIMKUTTY, KANAMPURAM HOUSE, PERUMBAVOOR, REPRESENTED BY POWER OF ATTORNEY HOLDER, IBRAHIMKUTTY, AGED 79 YEARS, S/O LATE VEERAKUTTY, KANAMPURAM HOUSE, PERUMBAVOOR P.O., PERUMBAVOOR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT - 683 552.

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BY ADV. SRI.P.P.BIJU

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, 4TH FLOOR, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 PERUMABAVOOR MUNICIPALITY, REPRESENTED BY SECRETARY, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 552.

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3 ABHIJITH, AGED 27 YEARS, S/O DAMODARAN, VETTIKATTIL HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT - 683 545. 4 DAMODARAN, VETTIKATTIL HOUSE,

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WP(C).No. 1798 of 2019 2

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IRINGOLE KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT - 683 545.

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R1 BY SR.GP,SRI.P.M.MANOJ.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1798 of 2019 3

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JUDGMENT

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Alleging certain illegal constructions

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carried out by the 3^rd and 4^th respondents,

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petitioner has submitted Ext.P2 before the 2^nd respondent. Petitioner seeks direction for early consideration of the same.

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Having heard learned counsel for the

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petitioner and learned Senior Government Pleader and perusing the pleadings, I am of the considered opinion that the writ petition can be disposed of with appropriate directions.

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In view of the limited nature of order I

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propose to pass, notice to the respondents are dispensed with. There will be a direction to the Secretary of the 2^nd respondent to consider Ext.P2 complaint submitted by the petitioner and attain finality to the same at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner as well as the 3^rd and 4^th respondents or any other interested persons.

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I make it clear that, by making the above

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said directions, I have not expressed any opinion

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WP(C).No. 1798 of 2019 4

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on the merits of the matter. Petitioner is directed to produce copy of the writ petition along with the appendant documents before the statutory authority for appropriate action.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P.CHALY

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JUDGE

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uu 22.01.2019

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WP(C).No. 1798 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO. 2231/1/2012 OF PERUMBAVOOR SUB REGISTER OFFICE.

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EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 24.9.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 24.9.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REMINDER DATED 17.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED 18.11.2015 FURNISHED BY THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Mohammed Basheer, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Basheer, v. State of Kerala

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

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