The High Court of Kerala disposed of the writ petition directing the Thirssur Municipality to conclude Section 406(1) proceedings and pass orders within six weeks after granting the petitioner a personal hearing.
Directed respondents to conclude proceedings under Section 406(1) after personal hearing within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
WP(C) NO. 20626 OF 2022
PETITIONER:
RAJEEV JOSEPH AGED 52 YEARS S/O. JOSEPH NILANKAVILPARAYIL HOUSE KOZHUKULLY, THRISSUR - 680 752.
BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR R.RAJANANDINI MENON SHAHNAS K.P
RESPONDENTS:
2 SECRETARY, THRISSUR MUNICIPAL CORPORATION, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR, KERALA 680001.
3 CORPORATION ENGINEER/ TOWN PLANNING OFFICER THRISSUR MUNICIPAL CORPORATION, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR, KERALA 680001.
BY ADV SHRI. SANTHOSH P.PODUVAL, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No. 20626 of 2022
J U D G M E N T
Dated this the 5th day of December, 2022
The petitioner has approached this Court, aggrieved by the directions contained in Ext.P4 Section 406(1) notice issued by the respondent-Municipality. By Ext.P4, the petitioner was required to remove the alleged unauthorised constructions.
unauthorised construction. The petitioner has only made truss work for protecting the building from sun and rain. Therefore, any coercive proceedings against the petitioner is unwarranted.
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WP(C) No. 20626 of 2022
In view of the facts as stated above, the writ petition is disposed of directing the respondents to conclude the proceedings initiated as per Ext.P4 after granting an opportunity of personal hearing to the petitioner. Orders in this regard shall be passed within a period of six weeks. The benefit of interim order dated 24.06.2022 in the writ petition, granted to the petitioner will enure
to the benefit of the petitioner till a final decision is taken by the
respondents.
Sd/-
N. NAGARESH
JUDGE
ams
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WP(C) No. 20626 of 2022
APPENDIX OF WP(C) 20626/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 27/02/2022 Exhibit P2 TRUE COPY OF THE LICENSE DATED 06/06/2012 ISSUED BY THE FIRST RESPONDENT FOR RUNNING A MONTHLY ACCOMMODATION HOSTEL Exhibit P3 TRUE COPY OF RECEIPT FOR REMITTING THE LICENSE FEE FOR THE YEARS 2022 TO 2027 ISSUED BY THE FIRST RESPONDENT. Exhibit P4 TRUE COPY OF NOTICE DATED NIL
1 issue framed by the court
Whether the notice issued by the Municipality seeking removal of alleged unauthorised construction should conclude after granting personal hearing to the petitioner.
RAJEEV JOSEPH
THRISSUR MUNICIPAL CORPORATION
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
