Writ petition seeking implementation of Tribunal order and vigilance action was closed on the respondents' submission that the illegal construction had already been regularized.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
WP(C) NO. 7736 OF 2010
PETITIONER:
BIJU GEORGE, S/O. M.G. GEORGE, 42 YEARS, PROPRIETOR, M G M TOURIST HOME, CHALAKUZHY JUNCTION, PATTOM, THIRUVANANTHAPURAM., RESIDING AT PANCHAMI NALANDA GARDENS, PATTOM, THIRUVANANTHAPURAM. BY ADVS. SRI.ISSAC NINAN SRI.T.K.RAJESHKUMAR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 CORPORATION OF THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THIRUVANANTHAPURAM – 695 001. 3 H.S.MUSHATHICK, 21, TAGORE GARDENS, KUMARAPURAM, PATTOM, THIRUVANANTHAPURAM – 695 004 BY ADVS. SRI.P.K.MANOJKUMAR SRI.MILLU DANDAPANI SRI.N.NANDAKUMARA MENON SR. SRI.SUMAN CHAKRAVARTHY – R1 SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 7736 OF 2010
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 7736 of 2010
Dated this the 14th day of November, 2022
JUDGMENT
The above Writ Petition is filed with the
following prayers:
“(A) To issue a writ of mandamus or any other appropriate Writs or orders, directing the 2 nd respondent to implement Exhibit P5 order dated 1510-09 passed by the Tribunal for Local Self Govt. Institutions, Thiruvananthapuram, in Appeal No. 758/09, in its letter and spirit, so as to give effect to the previous orders passed by this Hon'ble court, with regard to the illegal constructions made deviating from the building permit B A/406/02 dated 30-3-2006 and plan issued by the 2 nd respondent, with in a specified time.
(B) To direct the 1 st respondent to conduct a Vigilance enquiry against the 2 nd respondent in relation to the misdeeds and maladministration of its public servants abused their position by willful acts and inordinate delay and even by defying the orders of the competent authority to do favour and gain for the persons violated law, at the expense of the
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WP(C) NO. 7736 OF 2010
public, causing hardship to the petitioner.
(C) Direct to erred officers to meet the entire expense met by respondents from the public fund for defending the legal proceedings for their maladministration.
(D) To grant any further or consequential orders including any interim orders as may be prayed for and deemed fit by this Hon'ble court and (E) To allow this writ petition with costs. ”[SIC]
WP(C) NO. 7736 OF 2010
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Therefore, this writ petition is closed recording the
submission of the 3 rd respondent that the construction
is already regularized.
Sd/-
DM
P.V.KUNHIKRISHNAN JUDGE
WP(C) NO. 7736 OF 2010
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APPENDIX OF WP(C) 7736/2010
PETITIONER EXHIBITS
| EXHIBIT P1 | THE TRUE COPY OF THE ORDER DATED 25- |
|---|---|
| 8-08 IN APPEAL NO. 60/ 2008 OF | |
| TRIBUNAL FOR LOCAL SELF GOVT. | |
| INSTITUTIONS, THIRUVANANTHAPURAM. | |
| EXHIBIT P2 | TRUE COPY OF THE INFORMATION NO. GA7/44311/09 DATED 22-9-09 ISSUED BY |
| THE PIO OF THE 2ND RESPONDENT | |
| SHOWING THE NUMBERING OF THE | |
| BUILDING WHICH AGAINST THE ACTION | |
| WAS ORDERED BY TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS. |
|
| EXHIBIT P3 | TRUE COPY OF THE JUDGMENT DATED 18- |
| 2-2009 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 1507 OF 2009. |
|
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT DATED 28- |
| 7-2009 PASSED BY THIS HON'BLE COURT | |
| IN CON. CASE. (C).NO.726 /09.) | |
| EXHIBIT P5 | TRUE COPY OF THE ORDER DATED 15-10- |
| 09 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVT. INSTITUTIONS, IN APPEAL NO.758/2009. |
|
| EXHIBIT P6 | TRUE COPY OF THE LAWYERS NOTICE |
| DATED 15-1-10 ISSUED TO THE RESPONDENTS. |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
BIJU GEORGE
THE STATE OF KERALA
CORPORATION OF THIRUVANANTHAPURAM
H.S.MUSHATHICK
P.V. KUNHIKRISHNAN
As recorded by the court registry
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