Disposed
K.U.Krishnakumar v. Maradu Municipality
Kerala HCWP(C)/13009/2021
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943 WP(C) NO. 13009 OF 2021
PETITIONER:
K.U.KRISHNAKUMAR, AGED 64 YEARS, S/O. UNNI, KOLLAT HOUSE, TEMPLE ROAD, MARADU P.O.
BY ADV R.KRISHNAKUMAR (CHERTHALA)
RESPONDENTS:
1 MARADU MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KRL ROAD, NEAR KUNDANOOR JUNCTION, MADARU, ERNAKULAM – 682 304
2 SECRETARY, MARADU MUNICIPALITY, MUNICIPAL OFFICE, KRL ROAD, NEAR KUNDANOOR JUNCTION, MARADU, ERNAKULAM – 682 304
SRI. T.R. RAJAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 01st day of July, 2021
The petitioner submits that on the Southern side of
the property of the petitioner there is a canal having width of 3.7 metres. The said canal is between the petitioner's residential property and the Municipal road. The petitioner proposed to demolish the old residential building and construct a new one. In order to carry materials from the road to his house, he has to construct a new ramp having sufficient width, over the canal.
WP(C) No.13009/2021
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and for construction of his residential house, proper access is necessary from the road, it appears that the request made by the petitioner for construction of the ramp is genuine. But it is not discernible whether construction of a new ramp will adversely affect free flow of water.
In the circumstances, without pronouncing anything on the merits of the request made by the petitioner, the writ petition is disposed of directing the 2nd respondent to consider Ext.P7 application submitted by the petitioner and take a decision in accordance with law thereon, within a period of two weeks.
Sd/-
N. NAGARESH JUDGE
SR
WP(C) No.13009/2021
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APPENDIX OF WP(C) 13009/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE REGISTERED WILL |
|---|---|
| NO.177/III/2003 DATED 22-11-2003 OF SRO, MARADU |
|
| EXHIBIT P2 | A TRUE COPY OF THE LAND TAX RECEIPT DATED 23-11-2020 ISSUED BY THE VILLAGE OFFICER, MARADU |
| EXHIBIT P3 | A TRUE COPY OF THE PROPERTY TAX |
| RECEIPT ISSUED BY THE MARADU | |
| MUNICIPALITY DATED 23-11-2020 TO THE PETITIONER |
|
| EXHIBIT P4 | A TRUE COPY OF THE PHOTOGRAPH EVIDENCING RAMP/SLAB CONSTRUCTED IN THE AYANI THODU FOR INGRESS AND EGRESS TO THE PETITIONER'S HOUSE |
| EXHIBIT P5 | A TRUE COPY OF THE PHOTOGRAPH OF THE |
| RAMP/SLAB IN BETWEEN PETITIONER'S PROPERTY AND THE ROAD |
|
| EXHIBIT P6 | A TREU COPY FO THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 14-06-2021 |
| EXHIBIT P7 | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17-06-2021 |
| EXHIBIT P8 | A TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 18-06-2021 |
K.U. KRISHNAKUMAR
MARADU MUNICIPALITY
SECRETARY, MARADU MUNICIPALITY
N. NAGARESH
As recorded by the court registry
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