Disposed

C.P.Moli v. Tirur Municipality

Kerala HC6 Jan 2023WP(C)/401/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging notices proposing action for unauthorized construction. It directed the Municipality to consider the petitioner's request for regularisation after hearing and ordered a stay on coercive steps till orders are passed.

What did the court decide?

Petitioner directed to be heard for regularisation; coercive steps on notices stayed until orders passed.

C.P.Moli Vs Tirur Municipality — Municipal and Town Planning | 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 MURALI PURUSHOTHAMAN

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FRIDAY, THE 6^TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

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WP(C) NO. 401 OF 2023

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PETITIONER:

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C.P. MOLI AGED 64 YEARS S/O. AHAMMEDKUTTY, CHEKIDAPURATH HOUSE, PUNNATHALA P. O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN – 676 552.

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BY ADVS. C.M.MOHAMMED IQUABAL P.ABDUL NISHAD RAIHANATH T.H. ISTINAF ABDULLAH MUHAMMED AMEEN

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RESPONDENTS:

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1 TIRUR MUNICIPALITY TIRUR P. O, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 676 101.

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2 THE SECRETARY TIRUR MUNICIPALITY, TIRUR P. O, MALAPPURAM DISTRICT, PIN – 676 101. 3 THE DISTRICT TOWN PLANNER, MALAPPURAM, OFFICE OF THE DISTRICT TOWN PLANNER, UP HILL, MALAPPURAM P. O., MALAPPURAM DISTRICT, PIN – 676 505.

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SRI. SAYED MANSOOR BAFAKHY THANGAL - SC, TIRUR MUNICIPALITY SMT. VIDYA KURIAKOSE - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.401 OF 2023

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JUDGMENT

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The petitioner has approached this Court

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challenging Exts.P8 and P10 notices issued by the 2^nd respondent proposing action against certain constructions made by him deviating from the approved plan and for unauthorised change of occupancy.

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The learned counsel for the petitioner submits that the petitioner has submitted Ext.P11 explanation to Ext.P10 and has also sought for regularisation of the construction carried out by him.

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The learned Sanding Counsel for the Municipality submits that by Ext.P10, the petitioner is being afforded with an opportunity of hearing, which is slated on 10.01.2023.

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Since Exts.P8 and P10 are only notices and

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the petitioner has already submitted Ext.P11

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WP(C).No.401 OF 2023

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explanation with request for regularisation, I am of the view that, this writ petition can be disposed of with a direction to the 2^nd respondent to consider Ext.P11 after hearing the petitioner. Orders pursuant to the hearing slated on 10.01.2023 or any adjourned date shall be passed within a period of one month from the date of hearing. I make it clear that, this Court has not expressed any opinion on the merits of Ext.P11. Till orders are passed as above, there shall not be any coercive steps pursuant to Exts.P8 and P10.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.401 OF 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	THE TRUE COPY OF THE POSS	ESSION
	CERTIFICATE ISSUED BY THRIKA VILLAGE DATED 15.04.2021.	NDIYUR
EXHIBIT P2	THE TRUE COPY OF THE BUILDING ISSUED BY THE 1ST RESP MUNICIPALITY DATED 18.04.2013.	PERMIT ONDENT
EXHIBIT P3	THE TRUE COPY OF THE ORDER ISS THE 2ND RESPONDENT DATED 30.06.2	UED BY 016.
EXHIBIT P4	THE TRUE COPY OF THE ORDER IN NO.1142/16 OF THE TRIBUNAL FOR SELF GOVERNMENT INSTITU THIRVANANTHAPURAM DATED 26.09.20	APPEAL LOCAL TIONS, 18
EXHIBIT P5	THE TRUE COPY OF THE CERTI ISSUED BY THE THRIKANDIYUR V OFFICER DATED 28.10.2020.	FICATE ILLAGE
EXHIBIT P6	THE TRUE COPY OF THE OCC CERTIFICATE ISSUED BY THE RESPONDENT MUNICIPALITY 23.10.2020.	UPANCY 1ST DATED
EXHIBIT P7	THE TRUE COPY OF THE PROPERT RECEIPT ISSUED BY THE 1ST RESP DATED 05.08.2022.	Y TAX ONDENT
EXHIBIT P8	THE TRUE COPY OF THE NOTICE ISS THE 2ND RESPONDENT DATED 05.12.2	UED BY 022.
EXHIBIT P9	THE TRUE COPY OF THE REPRESEN SUBMITTED BY THE PETITIONER AND	TATION OTHERS
	BEFORE THE 2ND RESPONDENT 20.12.2022.	DATED
EXHIBIT P10	THE TRUE COPY OF THE NOTICE ISS THE MUNICIPALITY DATED 03.01.202	UED BY 3.
EXHIBIT P11	THE TRUE COPY OF THE REPRESEN SUBMITTED BY THE PETITIONER AND	TATION OTHERS
	BEFORE THE 2ND RESPONDENT 04.01.2023.	DATED

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RESPONDENTS EXHIBITS: NIL.

C.P.Moli v. Tirur Municipality

Case brief

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C.P.Moli v. Tirur Municipality

Case brief

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