Disposed

Joshy E.K. v. Wadakanchery Municipality

Kerala HC20 Jan 2021WP(C)/21734/2020

Case brief

AI extract

What is this about?

Petitioner sought direction to stop 10th respondent from using an unauthorised building for badminton. As 10th respondent regularised the building as commercial, Court disposed of petition clarifying post-regularisation use restrictions, though a specific sentence deleting badminton prohibition was later struck out in a regularisation proceeding order.

What the court decided

AI extract

Joshy E.K. Vs Wadakanchery Municipality — Property and Title | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

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WP(C).No.21734 OF 2020(N)

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PETITIONER:

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JOSHY E.K., AGED 47 YEARS S/O.KOCHUVARKEY MASTER, EMMATTY HOUSE, PUDURUTHY P.O., THRISSUR DISTRICT, PIN-680 623.

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BY ADV. SRI.SHOBY K.FRANCIS

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RESPONDENTS:

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1 WADAKANCHERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, WADAKANCHERY MUNICIPALITY OFFICE, WADAKKANCHERY P.O., THRISSUR DISTRICT-680 582.

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2 SECRETARY, WADAKANCHERY MUNICIPALITY, WADAKKANCHERY P.O., THRISSUR DISTRICT-680 582.

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3 THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR-680 003.

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4 REVENUE DIVISIONAL OFFICER,

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OFFICE OF THE RDO, AYYANTHOLE P.O., THRISSUR680 003.

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5 CIRCLE INSPECTOR OF POLICE/STATION HOUSE OFFICER, WADAKANCHERY POLICE STATIN, WADAKKANCHERY P.O., THRISSUR DISTRICT-680 582.

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6 TAHSILDAR, TALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O., THRISSUR DISTRICT-680 582.

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W.P.(C) No.21734 of 2020

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..2..

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7 HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE, WADAKANCHERY, KUMARANELLUR P.O., THRISSUR-680 590.

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8 KERALA STATE POLLUTION CONTROL BOARD, THRISSUR-680 001, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, OFFICER OF THE KSPCB, THRISSUR-680 001.

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9 STATION OFFICER, FIRE AND RESCUE STATION, OFFICE OF THE FIRE AND RESCUE DEPARTMENT, KUMARANELLUR P.O., WADAKANCHERY, THRISSUR-680 590.

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10 JUSTUS P.J. S/O.JOSEPH, PUTHANPURAKKAL HOUSE, PUDURUTHY P.O., THRISSUR DISTRICT-680 623. R1-2 BY SRI.P.P.THAJUDEEN, SC, WADAKANCHERY MUNICIPALITY R10 BY ADV. SMT. PRABISHA T.P. SMT. G. RANJITHA GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21734 of 2020

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..3..

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W.P.(C) No.21734 of 2020

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JUDGMENT

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The tenth respondent has established a badminton court within the limits of the first respondent Municipality in a building constructed by him without obtaining a building permit. The petitioner, a neighbouring property owner has approached this Court in the writ petition for a direction to prevent the said unauthorised activity undertaken by the tenth respondent.

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On 22.10.2020, this Court passed the following

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interim order:

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“Admit.

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The learned Government Pleader takes notice for respondents 3 to 7 and 9. Respective Standing Counsel take notice for respondents 1, 2 and 8. Issue notice by speed post as also by e-mail to the tenth respondent.

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It is submitted by the learned Standing Counsel for respondents 1 and 2 that the badminton court referred to in the writ petition is functioning without licence in an unauthorised building. In the circumstances, the second respondent is directed to prohibit the recreation activities of the tenth respondent, if such activities require licence in terms of the Kerala Municipality Act.”

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W.P.(C) No.21734 of 2020

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..4..

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It is seen that in the meanwhile, the tenth respondent has preferred an application for regularisation of the building. On 28.12.2020, the Municipality has issued Annexure R2(a) order on the said application, in terms of which the construction of the building has been regularised as a commercial building. In other words, the tenth respondent cannot use any portion of the building as a badminton court.

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In the light of the subsequent development referred to above, the writ petition is disposed of making it clear that the user of the building hereafter shall only be in accordance with Annexure R2(a) order.

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Sd/- P.B.SURESH KUMAR, JUDGE

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ds 20.01.2021

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The last sentence in Paragraph 3 of the Judgment dated 20.01.2021 in W.P.(C) No.21734/2020 which reads 'In other words, the tenth respondent cannot use any portion of the building

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as a badminton court' stands deleted as per order dated 22.02.2021 in R.P.No.117/2021 in W.P.(C). No.21734/2020(N).

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Sd/- DEPUTY REGISTRAR

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W.P.(C) No.21734 of 2020

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..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COLOR PHOTOGRAPHS OF THE LOCATION DATED NIL.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE BTR DATED NIL.

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EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 01.10.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2, 3, 4, 5, 6, 8 AND 7.

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EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT DATED 06.10.2020.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R10 A TRUE COPY OF THE REGULARIZATION APPLICATION OF THE 10TH RESPONDENT DATED 14/7/2020 WHICH WAS SUBMITTED ON 14/9/2020 WITH THE 2ND RESPONDENT

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EXHIBIT R10 B TRUE COPY OF THE RECEIPT ACKNOWLEDGMENT RECEIPT OF EXT.P10(A) APPLICATION BY THE 2ND RESPONDENT

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ANNEXURE R2(A) THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 28.12.2020

Joshy E.K. v. Wadakanchery Municipality

Case brief

What is this about?

What the court decided

Joshy E.K. v. Wadakanchery Municipality

Case brief

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What the court decided

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