Disposed

Wlson S.I v. Kannur Municipal Corporation

Kerala HC23 Aug 2022WP(C)/19931/2022

Case brief

AI extract

What is this about?

This bench disposed of a writ petition where the petitioner sought demolition of alleged illegal construction. The court granted leave to file a regularisation application in the proper format within two weeks and directed deferment of coercive proceedings pending its consideration.

What did the court decide?

Defer coercive proceedings; permit filing of regularisation application in proper format within two weeks; direct respondents to consider same.

Wlson S.I Vs Kannur Municipal Corporation — Kerala HC (2022) — LawSathi Research

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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 N.NAGARESH

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TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944
WP(C) NO. 19931 OF 2022

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PETITIONER:

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WLSON S.I
AGED 56 YEARS

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S/O ITTY MATHEW, CHERUVATHOOR HOUSE, THALIKKAVU WARD,
KANNUR 1 P.O., KANNUR- 670 001.

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BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN

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RESPONDENTS:

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1 KANNUR MUNICIPAL CORPORATION CORPORATION OFFICE, PALLIKKUNNU P.O., KANNUR DISTRICT- 670 004, REPRESENTED BY ITS SECRETARY..

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2 SECRETARY, KANNUR MUNICIPAL CORPORATION, CORPORATION OFFICE, PALLIKKUNNU P.O., KANNUR DISTRICT- 670 004.

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3MANOJ C.P.,
AGED 58 YEARS, S/O LAKSHMANAN, KRISHNA BHAVAN,
CHAALAD P.O., KANNUR DISTRICT- 670 014.
BY ADV M.MEENA JOHN (SC)- R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.19931 OF 2022

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JUDGMENT

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Dated this the 23^rd day of August, 2022

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The petitioner approached this Court aggrieved by Ext.P7 provisional order which directed the petitioner to demolish certain alleged illegal constructions. The petitioner, thereafter, filed Ext.P8 application for regularisation of the construction. The petitioner states that Ext.P8 has been rejected on the ground that the application is not in the proper format and further stated that since there is a water channel in the property, regularisation is not feasible.

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Counsel for the petitioner submits that the petitioner may be permitted to file an application for regularisation in the proper format and there may be a direction to the respondents to consider the same in accordance with law.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 and 2. Notice to the 3^rd respondent is dispensed with in view of

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WP(C) NO.19931 OF 2022

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the order being passed in the writ petition.

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Ext.P7 is only a provisional order. Pending Ext.P7

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order, the petitioner is preferring an application for regularisation.

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In the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to file an application for regularisation of building construction in the proper format, within a period of two weeks. If such an application is submitted, respondents 1 and 2 shall consider the same in accordance with law. If the petitioner files application as permitted above, any coercive proceedings pursuant to Ext.P7 shall stand deferred, till a decision is taken on the application for regularisation.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.19931 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1THE TRUE COPY OF THE PLAINT IN O.S
117/2022 ON THE FILES OF MUNSIFF COURT
KANNUR.
Exhibit P2THE TRUE COPY OF THE ORDER DATED
6.04.2022 IN I.A 2/2022 IN O.S.
117/2022.
Exhibit P3THE TRUE COPY OF THE COMMISSION REPORT
DATED 6.06.2022 ALONG WITH THE SKETCH
PRODUCED BY THE ADVOCATE COMMISSIONER
BEFORE THE MUNSIFF COURT KANNUR.
Exhibit P4THE TRUE COPY OF THE NOTICE DATED
4.02.2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P5THE TRUE COPY OF THE NOTICE DATED
6.04.2022.
Exhibit P6THE TRUE COPY OF THE REPLY DATED
17.05.2022 ALONG WITH THE SKETCH OF THE
TALUK SURVEYOR.
Exhibit P7THE TRUE COPY OF THE NOTICE DATED
31.05.2022 ALONG WITH THE PROVISIONAL
ORDER ISSUED BY THE 2ND RESPONDENT.
Exhibit P8THE TRUE COPY OF THE APPLICATION DATED
10.06.2022 PREFERRED BY THE PETITIONER
SEEKING REGULARIZATION.

Wlson S.I v. Kannur Municipal Corporation

Case brief

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Wlson S.I v. Kannur Municipal Corporation

Case brief

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