Disposed

Subhash Gopalakrishnan v. Tripunithura Muncipality

Kerala HC2 Dec 2022WP(C)/26854/2022

Case brief

AI extract

What is this about?

Writ petition challenging a municipal order directing the petitioner to demolish unauthorized constructions. The Court set aside the order to the extent it affected the petitioner, quashing it for lack of notice and enquiry, and directed the issuance of a fresh notice.

What did the court decide?

Ext.P5 to the extent it concerns the petitioner is set aside. The 2nd respondent is directed to issue a fresh notice under Section 406(1) of the Kerala Municipality Act, 1994 to the petitioner.

Subhash Gopalakrishnan Vs Tripunithura Muncipality — Landlord and Tenant | 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

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FRIDAY, THE 2^ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944

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WP(C) NO. 26854 OF 2022

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PETITIONER/S:

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SUBHASH GOPALAKRISHNAN

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AGED 42 YEARS

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SON OF S.GOPALAKRISHNAN, VILLA NO.41 VINEYARA MEADOWS SMP COLONY ROAD, EROOR SOUTH, P.O.TRIPUNITHURA, ERNAKULAM, KERALA - 682 306.

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BY ADVS. V.JOHN MANI JACKSON JOHNY VARGHESE SABU SETHULAKSHMI K.K. DIANA LAURANCE PAUL

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RESPONDENTS:

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1 TRIPUNITHURA MUNCIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, TRIPUNITHURA - 682 301.

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2 THE SECRETARY TRIPUNITHURA MUNICIPALITY, MUNICIPAL OFFICE, TRIPUNITHURA - 682 301.

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3 THOMAS CHACKO KALLARACKAL BETHEL BHAVAN, KALLUMALA P.O., THAZHAKARA, MAVELIKKARA, ALAPPUZHA - 690 110.

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BY ADV. SRI. C.V.MANUVILSAN – SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 26854 OF 2022

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JUDGMENT

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Against certain constructions carried out by the 3^rd respondent, the petitioner has submitted Ext.P1 complaint before the 2^nd respondent. Since no action was taken thereon, the petitioner approached this Court in W.P.(C) No. 16177/2020 and by Ext.P3 judgment, this Court directed the 2^nd respondent to consider the complaint of the petitioner and to pass appropriate orders after hearing the petitioner, the 3^rd respondent and other parties likely to be affected by the order to be passed. Pursuant to the same, the 2^nd respondent has passed Ext.P5 order directing the 3^rd respondent to remove the unauthorised constructions carried out by him.

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The grievance of the petitioner is that, though the 2^nd respondent has taken action against the construction carried out by the 3^rd respondent vide Ext.P5, the petitioner was also directed to demolish certain constructions carried out by him without any notice or enquiry.

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WP(C) NO. 26854 OF 2022

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 and 2. Though notice was served on the 3^rd respondent there is no appearance.

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The learned counsel for the 2^nd respondent submits that a fresh proceedings under Section 406(1) of the Kerala Municipality Act, 1994 (for short, 'the Act') will be issued to the petitioner. The said submission is recorded. Accordingly, Ext.P5 to the extent it concerns the petitioner is set aside. The 2^nd respondent shall issue fresh notice under Section 406(1) of the Act to the petitioner and he will be free to submit his objection to the same. After considering such objection, the 2^nd respondent shall pass appropriate orders, in accordance with law.

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The writ petition is disposed of as above.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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al/-

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WP(C) NO. 26854 OF 2022

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APPENDIX OF WP(C) 26854/2022

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PETITIONER EXHIBITS
Exhibit P1	TRUE COPY OF THE COMPLAINT DATED 22/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P2	TRUE COPY OF THE COMPLAINT DATED 30/03/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P3	TRUE COPY OF THE JUDGMENT IN WP(C) NO.16177 OF 2022 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P4	TRUE COPY OF THE NOTICE NO.PW2-15546/21 DATED 06/06/2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5	TRUE COPY OF THE ORDER NO.PW2-15546/21 DATED 30/06/2022 ISSUED BY THE 2ND RESPONDENT.

Subhash Gopalakrishnan v. Tripunithura Muncipality

Case brief

What is this about?

What did the court decide?

Subhash Gopalakrishnan v. Tripunithura Muncipality

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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