Disposed

Rashed v. Anil J. Mathew

Kerala HC13 Nov 2020WP(C)/21981/2020

Case brief

AI extract

What is this about?

Writ petitions filed alleging encroachment upon property due to respondents placing air conditioning outer units without following distance rules. Court directed the municipality to investigate complaints after hearing parties and take appropriate action within four weeks.

What did the court decide?

Municipality directed to take up the complaint after hearing parties and take appropriate action within four weeks.

Rashed Vs Anil J. Mathew — Municipal and Town Planning | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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WP(C).No.22011 OF 2020(B)

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PETITIONER:

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RASHEED, AGED 46 YEARS, S/O. MUHAMMED HANEEFA, PUTHUPARAMBIL HOUSE, CHIRANCHIRA P O, CHETHIPUZHA VILLAGE, CHENGANCHERRY TALUK, KOTTAYAM DISTRICT, PIN – 686 106.

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BY ADV. SMT.R.REMA

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RESPONDENTS:

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1 SHANAVAS BASHEER, AGED 48 YEARS S/O. BASHEER AHMED, SHAH COTTAGE, PANACHIKAVU, PERUNNA PO, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN – 686 102.

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2 CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN – 686 101.

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3 THE SECRETARY, CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN - 686101.

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R2-3 BY ADV. SRI.M.P.MADHAVANKUTTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2020, ALONG WITH WP(C).21981/2020(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). Nos.22011 OF 2020(B) & 21981 OF 2020(W)

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..2..

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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 A.MUHAMED MUSTAQUE

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FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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WP(C).No.21981 OF 2020(W)

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PETITIONER:

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RASHED, AGED 46 YEARS, S/O.MUHAMMED HANEEFA,PUTHUPARAMBIL HOUSE,CHIRANCHIRA.P.O, CHETHIPUZHA VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT,PIN-686 106.

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BY ADV. SMT.R.REMA

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RESPONDENTS:

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1 ANIL J. MATHEW, AGED 50 YEARS, S/O.MATHEW, VANIYAPURACKAL HOUSE, VAZHAPALLY EAST.P.O, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT,PIN686103.

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2 CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGANACHERRY.P.O, KOTTAYAM, PIN-686101.

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3 SECRETARY,CHANGANACHERRY MUNICIPALITY, CHANAGANACHERRY.P.O KOTTAYAM,PIN-686101.

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R2-3 BY SHRI.M.P.MADHAVANKUTTY, SC, CHANGANACHERRY MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2020, ALONG WITH WP(C).22011/2020(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). Nos.22011 OF 2020(B) & 21981 OF 2020(W) ..3..

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JUDGMENT

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[ WP(C).22011/2020, WP(C).21981/2020 ]

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Dated this the 13th day of November 2020

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These writ petitions are filed by one Rasheed alleging that the

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party respondents in the respective writ petitions have encroached upon his property by placing the outer unit of the air conditioners. The precise case is that the distance rules were not followed while making the additional constructions by the party respondents.

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The Municipality has to consider the complaint of the petitioner and find out whether any construction made in such a way without following setback rules. Accordingly, the Municipality is directed to take up the complaint in accordance with law, after hearing the petitioner and the party respondents and take an appropriate action

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without any delay, at any rate, within a period of four weeks.

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These writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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W.P.(C). Nos.22011 OF 2020(B) & 21981 OF 2020(W)

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..4..

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APPENDIX OF WP(C) 22011/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE DATED 05/02/2019.	PROPERTY TAX RECEIPT
EXHIBIT	P2 TRUE COPY OF THE THE INTRUSION.	PHOTOGRAPH SHOWING
EXHIBIT	P2(A) TRUE COPY OF THE THE INTRUSION.	PHOTOGRAPH SHOWING
EXHIBIT	P2(B) TRUE COPY OF THE THE INTRUSION.	PHOTOGRAPH SHOWING
EXHIBIT	P2(C) TRUE COPY OF THE THE INTRUSION.	PHOTOGRAPH SHOWING
EXHIBIT	P3 TRUE COPY OF THE 30/05/2020.	NOTICE LETTER DATED
EXHIBIT	P4 TRUE COPY OF THE 04/08/2020.	LETTER DATED

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W.P.(C). Nos.22011 OF 2020(B) & 21981 OF 2020(W) ..5..

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APPENDIX OF WP(C) 21981/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE INTRUSTION OF AIR CONDITIONING OUTER UNIT OF THE 1ST RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 09.06.2020 EXHIBIT P3 TRUE COPY OF THE HEARING NOTICE DATED 07.08.2020.

Rashed v. Anil J. Mathew

Case brief

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What did the court decide?

Rashed v. Anil J. Mathew

Case brief

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What did the court decide?

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