Disposed

Deepa K.P. v. State of Kerala

Kerala HC12 Dec 2022WP(C)/17947/2022

Case brief

AI extract

What is this about?

The Writ Petitioner challenged the lack of further action by the Municipality regarding unauthorized construction by two other residents. The Court directed the 7th respondent to take a final decision under the Kerala Municipality Act within one month.

What did the court decide?

Direction issued to the 7th respondent to take a final decision in the matter within one month of the judgment's receipt.

Deepa K.P. Vs State of Kerala — Municipal and Town Planning | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN MONDAY, THE 12^TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 WP(C) NO. 17947 OF 2022

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PETITIONER:

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DEEPA K. P. AGED 45 YEARS W/O. SURESH KUMAR, MANGATUTHODIKA HOUSE, CHAKKALAKUTH, NILAMBUR P. O., MALAPPURAM DISTRICT - 679 329.

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BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN PRAVEEN S. DIPU JAMES SUNIL KUMAR A.G GEORGE K.V. STEPHY K REGI MATHEW K.T.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM – 676 505.

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4 THE REVENUE DIVISIONAL OFFICER, PERITHALMANNA, MALAPPURAM – 679 322.

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5 THE STATION HOUSE OFFICER, NILAMBUR POLICE STATION, NILAMBUR P. O., MALAPPURAM - 679 329.

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6 THE NILAMBUR MUNICIPALITY, MUNICIPAL OFFICE, SH28, MANALODY, NILAMBUR, MALAPPURAM DISTRICT - 679 329, REPRESENTED BY ITS SECRETARY.

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W.P(C) NO.17947 OF 2022

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7 THE SECRETARY, MUNICIPAL OFFICE, SH28, MANALODY, NILAMBUR, MALAPPURAM DISTRICT - 679 329.

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8 THE TAHSILDHAR, TALUK OFFICE, NILAMBUR TALUK, MALAPPURAM – 679 329.

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9 THE AGRICULTURE OFFICER, AGRICULTURE OFFICE, NILAMBUR, MALAPPURAM DISTRICT – 679 329.

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10 THE VILLAGE OFFICER, VILLAGE OFFICE, NILAMBUR, MALAPPURAM DISTRICT – 679 329.

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11 PRAKESH. P, S/O. KANNACHAN, PADUKANI HOUSE, CHAKKALKUTH, NILAMBUR P. O., MALAPPURAM DISTRICT - 679 329.

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12 RAMESH. P, S/O. KANNACHAN, PADUKANI HOUSE, CHAKKALKUTH, NILAMBUR P. O., MALAPPURAM - 679 329.

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SRI. I.V PRAMOD – SC SMT. SURYA BINOY – SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.17947 OF 2022

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JUDGMENT

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The petitioner has approached this Court alleging that respondents 11 and 12 have made certain

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unauthorised constructions in the property comprised in Re-Survey No.92/141/3 in Nilambur Village and Taluk of Malappuram District within the jurisdiction of the 6^th respondent. According to the petitioner, though Exts.P12 and P13 provisional order cum show cause notices were issued on 14.12.2021, under Section 406 (1) of the Kerala Municipality Act, 1994 (for short, 'the Act'), no further proceedings were initiated by the 7^th respondent.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader and the learned Standing Counsel for the Municipality. Though notice was served to respondents 11 and 12, there is no appearance.

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W.P(C) NO.17947 OF 2022

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Since the 7^th respondent has initiated

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proceedings under Section 406 (1) and (2) of the Act, the 7^th respondent shall take a final decision in the matter, within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of with the above

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direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P(C) NO.17947 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY SUBMITTED SERVICE AU	OF WIT THOR	COMP H THE ITY.	LAINT DTD. 30.11.2021 NILAMBUR TALUK LEGAL
EXHIBIT P2	TRUE COPY SUBMITTED	OF WITH	COMP 7TH R	LAINT DTD. 09.12.2021 ESPONDENT.
EXHIBIT P3	TRUE COPY SUBMITTED	OF WITH	APPLI 10TH	CATION DTD. 21.12.2021 RESPONDENT.
EXHIBIT P4	TRUE COPY RESPONDENT	OF .	REPLY	DTD. 10.01.2022 OF 10TH
EXHIBIT P5	TRUE COPY SUBMITTED PLANNING W	OF WITH ING.	APPLI THE I	CATION DTD. 21.12.2021 NFORMATION OFFICER TOWN
EXHIBIT P6	TRUE COPY TOWN PLANN	OF ING	REPLY WING D	OF INFORMATION OFFICER TD. 19.01.2022.
EXHIBIT P7	TRUE COPY SUBMITTED	OF WITH	APPLI 9TH R	CATION DTD. 02.02.2022 ESPONDENT.
EXHIBIT P8	TRUE COPY 02.02.2022	OF .	REPLY	OF 9TH RESPONDENT DTD.
EXHIBIT P9	TRUE COPY BY 9TH RES	OF POND	LETTER ENT.	DTD. 24.12.2021 ISSUED
EXHIBIT P10	TRUE COPY WITH 9TH R	OF ESPO	APPLI NDENT.	CATION DTD. 07.02.2022
EXHIBIT P11	TRUE COPY 08.02.2022	OF .	REPLY	OF 9TH RESPONDENT DTD.
EXHIBIT P12	TRUE COPY BY 7TH RES	OF POND	NOTICE ENT TO	DTD. 14.12.2021 ISSUED 11TH RESPONDENT.
EXHIBIT P13	TRUE OF 14.12.2021	O OF	RDER 7TH RE	NO.T.P-3-12/21 DTD. SPONDENT.
EXHIBIT P14	TRUE COPY RESPONDENT	OF .	LETTER	DTD. 19.03.2022 OF 7TH
EXHIBIT P15	TRUE COPY ALONG WITH	OF REP	APPLI LY OF	CATION DTD. 08.02.2022 7TH RESPONDENT.
EXHIBIT P16	TRUE COPY PETITIONER	OF 'S H	COMPLA USBAND	INT DTD. 29.11.2021 BY WITH 5TH RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

Deepa K.P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Deepa K.P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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