Petitioner challenged in Writ Petition under Article 226, alleging failure to disclose information. Court observed that petitioner had no remedy elsewhere. Justice Amit Rawal held that when a complaint is filed, no further cause of action arises for withholding information, leading to the dismissal of the petition.
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 AMIT RAWAL
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
WP(C).No.996 OF 2020(Y)
PETITIONER:
KANAKAM
AGED 60 YEARS
D/O.C.K.KURUP, RESIDING AT ACE APARTMENTS, CONVENT ROAD, KOZHIKODE-673001
BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH
RESPONDENTS:
1 THE KOZHIKODE CORPORATION REPRESENTED BY SECRETARY, CORPORATION BUILDING, BEACH ROAD, KOZHIKODE-673032
2 THE SECRETARY KOZHIKODE CORPORATION, CORPORATION BUILDING, BEACH ROAD, KOZHIKODE-673032
3 PUTHIYOTYKANDI ALI HAJI S/O.MAMMAD, RESIDING AT PUTHIYOTYKANDI HOUSE, ELATHUR.P.O, KOZHIKODE-673302
4 M/S.PENTIUM CONSTRUCTIONS REPRESENTED BY ITS MANAGER, MUHAMMED ASHRAF, MANACHIRA TOWERS, A.G.ROAD, KOZHIKODE-673001
BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL CORPORATION
SRI. MM SHARIFF, SRI. B G HARINDRA NATH, SRI.K.D. BABU SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.996 OF 2020(Y)
2
JUDGMENT
This court on the basis of the averments in this writ petition while issuing notice on motion on 15.01.2020 noticed that the 4th respondent, despite having undertaken to finish the renovation work within a specified period as contemplated under sub-section (2) of Section 408 of the Kerala Municipality Act 1994, did not complete so resulting into passing of the order Ext.P2 restraining the 4th respondent from carrying on further renovation.
Today learned counsel appearing on behalf of 4th respondent submits that the petitioner has very conveniently suppressed the factum of the decision on the complaint by the concerned Municipality vide order dated 09.12.2019, which has been communicated to him also . The order aforementioned has been read out in vernacular language conveying that for the purpose of renovation there is no applicability of the Municipality Building Rules.
Having heard the learned counsel for the parties, I am of the view that if at all the petitioner had any grievance, his remedy lies elsewhere and not in the present writ petition for
WP(C).No.996 OF 2020(Y)
3
withholding of the information and particularly when complaint has already been filed, no further cause of action arises. This writ petition is accordingly dismissed.
Sd/-
AMIT RAWAL
nak
JUDGE
WP(C).No.996 OF 2020(Y)
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 30.1.2018 ALONG WITH ENGLISH TRANSLATION
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 21.6.2018 ISSUED BY THE EXECUTIVE ENGINEER OF THE KOZHIKODE CORPORATION TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION
EXHIBIT P3 A TRUE COPY OF THE UNDERTAKEN GIVEN BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 26.7.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT ALONG WITH ENGLISH TRANSLATION
EXHIBIT P5 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 21.11.2019 ALONG WITH ENGLISH TRANSLATION
//TRUE COPY // P.A TO JUDGE
3 issues framed by the court
Whether the petitioner has any grievance regarding the renovation work complaint.
Whether withholding information constitutes a cause of action when a complaint has already been filed.
Whether the present writ petition it is maintainable for seeking information.
Kanakam
The Kozhikode Corporation
Secretary, Kozhikode Corporation
Puthiyotykandi Ali Haji
M/s.Pentium Constructions
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
