Allowed

Varkala Municipality, v. the Tribunal for Local Self Government Institutions

Kerala HC22 Feb 2023WP(C)/29054/2022

Case brief

AI extract

What is this about?

The High Court directed the Tribunal for Local Self Government Institutions to dispose of a pending appeal expeditiously. Pending that decision, the Municipality was restrained from initiating further proceedings and the respondents from undertaking further construction.

What did the court decide?

Direction to the Tribunal to dispose of Appeal No.304 of 2022 within three months; stay on further proceedings

Varkala Municipality, Vs the Tribunal for Local Self… — Writ and Judicial Review | Kerala HC (2023)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944

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WP(C) NO. 29054 OF 2022

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PETITIONER:

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VARKALA MUNICIPALITY,
VARKALA P. O,
THIRUVANANTHAPURAM DISTRICT – 695 141,
REPRESENTED BY ITS SECRETARY.

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BY ADV SIJU KAMALASANAN

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RESPONDENTS:

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1 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM – 695 035, REPRESENTED BY ITS SECRETARY.

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2 THE VILLAGE OFFICER, VARKALA VILLAGE, VARKALA P. O, THIRUVANANTHAPURAM DISTRICT – 695 141.

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3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, KSRTC BUILDING, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM – 695 001, REPRESENTED BY ITS CHAIRMAN.

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4 RADHA, D/O. ISAKKAI AMMA, AGED 62 YEARS, PRARAVILA PUTHUVAL PUTHEN VEEDU, PAPANASAM, VARKALA P. O, THIRUVANANTHAPURAM DISTRICT – 695 141.

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5 KRISHNAMMA, PRARAVILA PUTHUVAL PUTHEN VEEDU, PAPANASAM, VARKALA P. O, THIRUVANANTHAPURAM DISTRICT – 695 141.

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6GOPI,
PRARAVILA PUTHUVAL PUTHEN VEEDU,
PAPANASAM, VARKALA P. O,
THIRUVANANTHAPURAM DISTRICT – 695 141.

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SRI. SABU C.J
SRI. S. ANIL KUMAR
SRI. PRAKASH M.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C) NO.29054 Of 2022

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VIJU ABRAHAM, J.

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----------------------------------------------- W.P.(C) No.29054 of 2022

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-------------------------------------------------Dated this the 22^nd day of February, 2023

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JUDGMENT

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The petitioner has approached this Court challenging Ext.P8, which is an interim order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram, in Appeal No.304 of 2022 filed by the 4^th respondent in this writ petition.

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The grievance raised by the petitioner is that respondents 4 to 6 have started to construct a resort without obtaining any permit from the petitioner or from the 3^rd respondent Kerala Coastal Zone Management Authority, and the said illegal construction was started in a puramboke land in 28^th division of Varkala Municipality. On receiving a report in this regard, the Secretary of the petitioner Municipality has issued stop

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W.P.(C) NO.29054 Of 2022

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memo on 14.02.2022 and 21.03.2022. Thereafter, a preliminary order was issued under Section 406 (1) of the Kerala Municipality Act. Though notice was issued to respondents 4 to 6 to appear for a personal hearing, they did not appear. Thereafter, Ext.P4 explanation was submitted by the 4^th respondent. Subsequently, the provisional order was confirmed by the petitioner as per Ext.P5. Challenging the said order, the 4^th respondent has approached the Tribunal for Local Self Government Institutions filing Appeal No.304 of 2022 and the learned Tribunal issued Ext.P8 interim order of stay which is now assailed in this writ petition. It is seen that, when the matter was taken up for consideration on earlier occasion, this Court has passed an order staying the operation of Ext.P8.

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The learned counsel for the petitioner would submit that a direction may be issued to the 1^st respondent Tribunal for an expeditious disposal of Ext.P7 appeal within a time limit to be fixed by this

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W.P.(C) NO.29054 Of 2022

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Court. The learned counsel for the petitioner would submit that till a decision is taken in the appeal, further proceedings pursuant to Ext.P5 will be kept in abeyance.

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The learned Standing Counsel for the 3^rd respondent would submit that Ext.P5 order has been issued by the Municipality as the 4^th respondent did not obtain any CRZ clearance before undertaking the construction and further submit that an issue of such a nature cannot be agitated before the 1^st respondent Tribunal and can only challenged before this Court or the National Green Tribunal.

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Therefore, after hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1^st respondent to take up and dispose of Ext.P7 appeal as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till a decision is taken by the 1^st respondent as directed above, the petitioner shall not

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W.P.(C) NO.29054 Of 2022

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initiate further proceedings pursuant to Ext.P5 and the

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4^th respondent shall not undertake any further

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construction in the disputed land.

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The writ petition is disposed of accordingly.

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Sd/-

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VIJU ABRAHAM JUDGE

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SPR

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W.P.(C) NO.29054 Of 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1THE COPY OF PHOTOGRAPHS TAKEN BY THE
OVERSEER AND SUBMITTED ALONG WITH THE
REPORT BEFORE THE SECRETARY.
EXHIBIT P2THE COPY OF PRELIMINARY ORDER DATED
25.03.2022 ISSUED BY THE PETITIONER
U/S.406(1) OF THE MUNICIPALITY ACT.
EXHIBIT P3THE COPY OF LETTER DATED 25.03.2022
SUBMITTED BY THE PETITIONER BEFORE THE
STATION HOUSE OFFICER, VARKALA POLICE
STATION.
EXHIBIT P4THE COPY OF EXPLANATION SUBMITTED BY 4TH
RESPONDENT ON 08.04.2022 TO EXT.P2
PRELIMINARY ORDER.
EXHIBIT P5THE COPY OF CONFIRMATION ORDER PASSED
UNDER 406(3) OF KERALA MUNICIPALITY ACT
BY THE PETITIONER ON 27.04.2022
EXHIBIT P6THE COPY OF REPORT OF THE VILLAGE
OFFICER DATED 20.06.2022 FORWARDED TO
THE PETITIONER.
EXHIBIT P7THE COPY OF APPEAL MEMORANDUM IN APPEAL
NO.304/2022 FILED BEFORE THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
EXHIBIT P8THE COPY OF INTERIM ORDER DATED
18.05.2022 PASSED BY THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTIONS IN
I.A NO.753/2022 IN APPEAL NO.304/2022.

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RESPONDENTS EXHIBITS: NIL.

Varkala Municipality, v. the Tribunal for Local Self Government Institutions

Case brief

What is this about?

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Varkala Municipality, v. the Tribunal for Local Self Government Institutions

Case brief

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