In a writ petition regarding a municipal notice directing alterations to property, the court treated the notice as initial, granted liberty to file objections within three weeks, and held any coercive action on hold until directives are complied.
Liberty to file objections within three weeks; coercive action under notice put on hold.
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 SHAJI P.CHALY
FRIDAY ,THE 15TH DAY OF FEBRUARY 2019 / 26TH MAGHA, 1940
WP(C).No. 4591 of 2019
PETITIONER/S:
VELAYUDHAN NAIR, AGED 64 YEARS S/O.M.K. ACHUTHAN NAIR, ARCHANA HOUSE, MUNDUPARAMB P.O, MALAPPURAM-676 504
BY ADV. SRI.C.DINESH
RESPONDENT/S:
1 THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM MUNICIPALITY, MUNICIPAL OFFICE, MALAPPURAM P.O, MALAPPURAM DISTRICT-676 604
2 THE HEALTH INSPECTOR MALAPPURAM MUNICIPALITY, MUNICIPAL OFFICE, MALAPPURAM -676 504
3 SREEDEVI KARATT D/O. M.K. ACHUTHAN NAIR, KALLIYANI SOUDHAM, MUNDUPARAMB P.O, MALAPPURAM -676 509
R1 & R2 BY ADV. SRI.E.S.M.KABEER,SC,MALAPPURAM MUNICIPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4591 of 2019 2
JUDGMENT
Petitioner is a resident within the limits of
the Malappuram Municipality. The immediate grievance
pointed out by the petitioner is in respect of Ext.P1 notice issued by the Secretary of the Municipality dated 25.01.2019, whereby petitioner was directed to make certain alterations with respect to the drain as well as the chimney in the residential property of the petitioner.
attain finality. However, I treat Ext.P1 as a
initial notice issued to the petitioner and the petitioner is given the liberty to file suitable objection within three weeks from the date of
receipt of a copy of this judgment, which if received shall be finalised by the Secretary, after
WP(C).No. 4591 of 2019 3
providing notice of hearing to the petitioner as well as the 3rd respondent at the earliest possible, and at any rate, within a month thereafter. I also make it clear that, if there is any illegality in
the construction carried out by the petitioner, petitioner will be at liberty to rectify the same in the interregnum, any coercive action contemplated as per Ext.P1 shall be put on hold till such time the directives are complied.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
Hmh
WP(C).No. 4591 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 25.1.2019
RESPONDENT'S EXHIBIT NIL
2 issues framed by the court
Whether the notice issued by the municipality without physical presence of the petitioner can be treated as valid.
Whether the petitioner can be given opportunity to object and file objections before coercive action is taken.
VELAYUDHAN NAIR
THE SECRETARY, MALAPPURAM MUNICIPALITY
THE HEALTH INSPECTOR MALAPPURAM MUNICIPALITY
SREEDEVI KARATT
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
