Disposed

Unice v. State of Kerala

Kerala HC25 Nov 2022WP(C)/3430/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of connected writ petitions alleging illegal construction by Molly Kurien. The court recorded submissions from counsel and the Municipality that the unauthorized temporary shed had already been removed, rendering the reliefs sought no longer in existence.

What did the court decide?

Petitions disposed of as the alleged unauthorized construction has been removed; liberty reserved if construction remains.

Unice Vs State of Kerala — 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 SHAJI P.CHALY

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FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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WP(C) NO. 3430 OF 2015

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PETITIONER/S:

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UNICE AGED 35 YEARS S/O.POOKUNJU, VALLYACHENKILATH, ASRAMAM WARD, AVALOOKKUNNU.P.O., ALAPPUZHA. 688 006. BY ADV SRI.P.SHANES METHAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPT. OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR ALAPPUZHA. 688 001.

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3 THE ALAPPUZHA MUNICIPALITY M O WARD, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 688 001.

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4 THE SECRETARY ALAPPUZHA MUNICIPALITY, M O WARD, ALAPPUZHA-688 001.

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5 ANJU AGE NOT KNOWN, W/O.NOT KNOWN, MUNICIPAL ASSISTANT ENGINEER, ALAPPUZHA MUNICIPALITY, M O WARD, ALAPPUZHA. 688 001.

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6 MOLLY KURIEN W/O.KURIEN, KALAVARA VEETTIL, KAYAL CHIRAYIL, ZILLA COURT WARD, ALAPPUZHA-688 001.

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BY ADVS.

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SRI. JOBY JOSEPH, SR. GP.
SRI.T.R.RAJAN

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SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY

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W. P. (C) No. 3430 of 2015 & connected cases

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-2-

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2022, ALONG WITH WP(C).9403/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. P. (C) No. 3430 of 2015 & connected cases

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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 SHAJI P.CHALY FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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WP(C) NO. 9403 OF 2015

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PETITIONER/S:

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JAMA-ATH COUNCIL SOCIAL WELFARE TRUST
AGED 49 YEARS
DWARAKA, BEACH ROAD,ALAPPUZHA 688 001 REPRESENTED
BY ITS CHAIRMAN NAZEER PUNNAKKAL,AGED 49,
S/O.ABDUL AZEEZ PUNNAKKAL, VALIYAMARAM
WARD,ALAPPUZHA.
BY ADV SRI.P.SHANES METHAR

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RESPONDENT/S:

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1 THE ALAPPUZHA MUNCIPALITY M O WARD,ALAPPUZHA, REPRESENTED BY ITS SECRETARY.688001

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2 THE SECRETARY ALAPPUZHA MUNICIPALITY M.O WARD, ALAPPUZHA 688 001

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3 MALLY KURIAN WO.KURIEN KALAVARA VETTIL,KAYAL CHIRAYIL,ZILLA COURT WARD,ALAPPUZHA 688 002. BY ADVS. SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY SRI.K.V.SADANANDA PRABHU SRI.T.R.RAJAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2022, ALONG WITH WP(C).3430/2015,
32988/2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. P. (C) No. 3430 of 2015 & connected cases

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-4-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶39

PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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WP(C) NO. 32988 OF 2015

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PETITIONER/S:

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ABDUL RASHEED
AGED 51 YEARS
S/O. MUHAMMED, AL-AMEEN MANZIL, MANAKKADU
P.O,THIRUVANANTHAPURAM

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BY ADVS.
SRI.B.PRAMOD
SMT.R.REJI ATTINGAL

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RESPONDENT/S:

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1 ALAPPUZHA MUNICIPALITY MUNICIPAL OFFICE, ALAPPUZHA REPRESENTED BY ITS SECRETARY 688 001

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2 THE SECRTARY ALAPPUZHA MUNICIPALITY MUNICIPAL OFFICE ALAPPUZHA 688 001

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3 THE DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA 688 001

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4 THE DEPUTY THAHASILDARHQ TALUK OFFICE, AMBALAPPUZHA 688 001

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5 THE TALUK SURVEYOR AMBALAPPUZHA TALUK 688 531

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6 MOLLY KURIAN KAYALCHIRA KALAVARA HOUSE, THATHAMPALLY P.OI, ALAPPUZHA 688 001

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BY ADVS.
SRI. JOBY JOSEPH, SR. GP.
SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
SRI.P.C.CHACKO(PARATHANAM)
RAJAN T R

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2022, ALONG WITH WP(C).9403/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. P. (C) No. 3430 of 2015 & connected cases

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J U D G M E N T

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These writ petitions are filed alleging that an unauthorized and illegal construction is carried out by one Molly Kurien, Kalavara

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Vettil, Zilla Court ward, Alappuzha, the 6^th respondent in W. P. (C) No. 3430 of 2015. According to the petitioners, the 6^th respondent has not secured any permit from the Secretary of the Alappuzha Municipality and therefore the construction is liable to be removed, in accordance with law.

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Sri. T. R. Rajan, learned counsel for the alleged encroacher

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namely Molly Kurien, submitted that a detailed counter affidavit is filed in the writ petition wherein it is also stated that the alleged unauthorized construction of a temporary shed has already been removed by the said person.

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Learned Standing Counsel for the Alappuzha Municipality, Sri. R. Azad Babu also submitted that already the unauthorized construction has been removed.

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Therefore, going by the pleadings and the reliefs sought for by

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W. P. (C) No. 3430 of 2015 & connected cases

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the petitioners, it can be seen that whatever reliefs sought for by the petitioners are no more in existence, consequent to the removal of the unauthorized construction.

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Therefore, the writ petitions are disposed of recording the said submission made by Mr. T. R. Rajan, learned counsel for the alleged encroacher namely Molly Kurien and learned Standing Counsel for the Alappuzha Municipality Sri. R. Azad Babu. However, I make it clear that if any unauthorized or illegal construction is carried out and still remaining, the liberty of the Secretary of the Alappuzha Municipality is left open, in accordance with law.

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Sd/SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

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W. P. (C) No. 3430 of 2015 & connected cases

¶73

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APPENDIX OF WP(C) 3430/2015

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE SALE DEED NO.2230/2012` `OF S.R.O ALAPPUZHA ALONG WITH ITS` `TRANSILATED COPY.`
`EXHIBIT P2`	`TRUE COPY OF THE COMPLAINT PREFERED BY` `CHAIRMAN OF JCSW TRUST BEFORE DISTRICT` `COLLECTOR ALONG WITH ITS TRANSILATED` `COPY.`
`EXHIBIT P3`	`TRUE COPY OF THE ORDER NO.C4` `57235/12/LDIS DATED 4.4.2013 OF THE` `DISTRICT COLLECTOR ALAPPUZHA ALONG WITH` `ITS TRANSILATED COPY.`
`EXHIBIT P4`	`TRUE COPY OF THE LETTER NO.C4-28112/2013` `DATED 11.06.2013 OF THE DISTRICT` `COLLECTOR ALAPPUZHA ALONG WITH ITS` `TRANSILATED COPY.`
`EXHIBIT P5`	`TRUE COPY OF THE BUILDING PERMIT` `APPLICATION DATED 15.01.2013 SUBMITTED` `BY 6TH RESPONDENT BEFORE 2ND RESPONDENT` `ALONG WITH ITS TRANSILATED COPY.`
`EXHIBIT P5(A)`	`TRUE COPY OF THE BUILDING PERMIT` `APPLICATION DATED 15.01.2013 SUBMITTED` `BY 6TH RESPONDENT BEFORE 2ND RESPONDENT` `ALONG WITH ITS TRANSILATED COPY.`
`EXHIBIT P6`	`TRUE COPY OF SKETCH PLAN SUBMITTED BY` `6TH RESPONDENT ALONG WITH EXT.P5(A)-` `STYLING AS PREPARED BY TALUK SURVEYOR` `AMBALAPPUZHA.`
`EXHIBIT P7`	`TRUE COPY OF THE QUESTIONNAIRE SUBMITTED` `BY THE PETITIONER BEFORE PUBLIC` `INFORMATION OFFICER, AMBALAPPUZHA TALUK` `OFFICE UNDER RIT ACT ALONG WITH ITS` `TRANSILATED COPY.`
`EXHIBIT P7(A)`	`TRUE COPY OF THE INFORMATION BY THE` `PUBLIC INFOMRATION OFFICER, AMBALAPPUZHA` `TALUK OFFICE UNDER RTI ACT ALONG WITH` `ITS TRANSILATED COPY.`
`EXHIBIT P8`	`TRUE COPY OF THE BUILDING PERMIT DATED` `30.06.2014 ISSUED BY 2ND RESPONDENT.`
`EXHIBIT P9`	`TRUE COPY OF THE COMPLAINT DATED` `5.11.2014 PREFERRED BY THE CHAIRMAN OF` `JCSW TRUST BEFORE THE 3RD RESPONDENT` `ALONG WITH ITS TRANSILATED COPY.`

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W. P. (C) No. 3430 of 2015 & connected cases

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EXHIBIT P10TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 28.09.2012
CONFIRMING THAT THE BUILDING IN 5TH
RESPONDENT'S PROPERTY IS UNAUTHORIZED
STRUCTURE SINCE 1997-1998 ALONG WITH ITS
TRANSILATED COPY.
EXHIBIT P11TRUE COPY OF STOP MEMO NO.E5 36065/14
DATED 08.12.2014 ISSUED BY 3RD
RESPONDENT ALONG WITH ITS TRANSILATED
COPY.
EXHIBIT P12TRUE COPY OF THE COMPLAINT DATED
24.12.2014 BEFORE THE 3RD RESPONDENT
ALONG WITH ITS TRANSILATED COPY.

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W. P. (C) No. 3430 of 2015 & connected cases

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APPENDIX OF WP(C) 9403/2015

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PETITIONER EXHIBITS
EXHIBIT P1EXHGIBIT P1 TRUE COPY OF THE SALE DEED
NO.2230/2012 OF S.R.O.ALAPPUZHA
EXHIBIT P2EXHIBIT P-2 TRUE COPY OF THE NOTICE
NO.G1(T2)019538/12 ISSUED BY THE 1ST
RESPONDENT DATED 28.09.2012 CONFIRMING
THAT THE BUILDING IN 3RD RESPONDENTS
PROPERTY IS UNAUTHORIZED STRUCTURE.
EXHIBIT P3EXHIBIT P-3 TRUE COPY OF THE NOTICE
NO.H3-36997/14 DATED 9.12.2014
EXHIBIT P4EXHIBIT P-4 TRUE COPY OF THE NOTICE
NO.E5-41407/14 DATED 15.1.2014 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P5EXHIBIT P-5 TRUE COPY OF THE COMPLAINT
DATED 20.02.2015 PREFERRED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT

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W. P. (C) No. 3430 of 2015 & connected cases

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APPENDIX OF WP(C) 32988/2015

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 3RD RESPONDENT
EXHIBIT P2TRUE COPY OF THE REPORT PREPARED BY THE
TALUK SURVEYOR

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EXHIBIT P3TRUE COPY OF THE SKETCH SHOWING THE
ENCROACHMENT

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EXHIBIT P4TRUE COPY OF THE LETTER DATED 27-02-2013
ISSUED BY THE 4TH RESPONDENT

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EXHIBIT P5TRUE COPY OF THE LETTER DATED 04-04-2013
ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P6TRUE COPY OF THE LETTER DATED 10-04-2013
TO 5TH RESPONDENT

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EXHIBIT P7TRUE COPY OF THE LETTER DATED 11-06-2013
ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P8TRUE COPY OF THE LETTER DATED 21-01-2015
ISSUED BY THE 4TH RESPONDENT TO THE 2ND
RESPONDENT

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EXHIBIT P9TRUE COPY OF THE BUILDING PERMIT GRANTED
BY THE 2ND RESPONDENT

Unice v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unice v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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