Disposed

Lakshmi, v. Thiruvananthapuram Corporation

Kerala HC12 Feb 2019WP(C)/3577/2019

Case brief

AI extract

What is this about?

This petition challenged an alleged illegal construction by other residents. The Court, noting a provisional order was already issued under the relevant Town Planning Act by the Corporation, dispensed with notice to the rival respondents and directed the Corporation to finalize the issue after giving proper hearing to all parties within two months.

What did the court decide?

Direction to the Corporation to finalize the issue pertaining to Exhibit P4 provisional order, after providing notice of hearing, within two months.

Lakshmi, Vs Thiruvananthapuram… — Constitutional and Fundamental Rights | 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 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940

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WP(C).No. 3577 of 2019

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PETITIONER/S:

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1 LAKSHMI, AGED 60 YEARS, LAKSHMI KAMAL HOUSE, T.C 25/1702, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM- 695001.

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2 B.KAMALAKSHI SREEDHAR, AGED 57 YEARS, LAKSHMI KAMAL HOUSE, T.C 25/1702, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM- 695001.

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BY ADVS. SRI.VINOD RAVINDRANATH SMT.MEENA.A. SMT.M.R.MINI SRI.ROHIT NANDAKUMAR

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RESPONDENT/S:

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1 THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY SECRETARY, MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM- 695033.

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2 S.AJAYAKUMAR, AGED NOT KNOWN, T.C 25/1650, KAILASAM, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM- 695001.

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3 SATHI, AGED NOT KNOWN, T.C 25/1650, KAILASAM, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM- 695001.

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R1 BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3577 of 2019 2

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JUDGMENT

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Petitioners, residents within the limits of the Corporation of Thiruvananthapuram, having been

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aggrieved by alleged illegal construction carried out by the 2^nd and 3^rd respondents, has submitted Exts.P1 and P2 complaints. Thereupon, Ext.P4 provisional order is issued under Sections 406(1) and 406(2) of Act, 1994 by the Executive Engineer of the 1^st respondent Corporation. Petitioners seek appropriate directions for early finalization of the proceedings pertaining to Ext.P4.

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Having heard learned counsel for the petitioners

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and the Standing Counsel appearing for the 1^st respondent, I am of the considered opinion that the writ petition can be disposed of with suitable 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 2 and 3 is dispensed with. There will be a direction to the competent among the officers of the 1^st respondent

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to finalize the issue pertaining to Ext.P4 provisional order, after providing a notice of hearing to the petitioner as well as the 2^nd and 3^rd respondents, at the earliest possible and at any

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WP(C).No. 3577 of 2019 3

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rate, within two months from the date of receipt of a copy of this judgment. However, I make it clear that, the directions made above shall not be construed as an expression of opinion on the merits of the matter or rival interest of the parties.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 12.02.2019

WP(C).No. 3577 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION FILED BY BHAGAWATHY AMMA AND LAKSHMI SREEDHAR BEFORE THE CORPORATION OF THIRUVANANTHAPURAM ON 04.01.2019. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY KAMALASKHY SREEDHAR BEFORE THE CORPORATION OF THIRUVANANTHAPURAM ON 04.01.2019. EXHIBIT P3 TRUE COPY OF RECEIPTS ISSUED FROM THE CORPORATION OF THIRUVANANTHAPURAM ON SUBMISSION OF EXTS.P1 AND P2 REPRESENTATIONS. EXHIBIT P4 TRUE COPY OF ORDER DATED 23.01.2019 IN T.P E6/362/19 IN PROCEEDINGS BEFORE THE SECRETARY, THIRUVANANTHAPURAM CORPORATION.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Lakshmi, v. Thiruvananthapuram Corporation

Case brief

What is this about?

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Lakshmi, v. Thiruvananthapuram Corporation

Case brief

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What did the court decide?

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