Disposed

V.Vijeesh v. the Secretary, Perumbavoor Munciplaity

Kerala HC4 Apr 2024WP(C)/1588/2013

Case brief

AI extract

What is this about?

Writ petition challenging a provisional order under Section 406(1) of the Municipality Act directing action on unauthorised construction. The court declined to retain the petition, permitting the petitioner to file objections within 30 days for the Municipality to pass final orders, with the interim stay on demolition continuing till then.

What did the court decide?

Directions: petitioner may object to Ext.P3 within 30 days; respondent Secretary to pass orders in accordance with law; interim stay on demolition continues till final orders.

V.Vijeesh Vs the Secretary, Perumbavoor Munciplaity — Municipal and Town Planning | Kerala HC (2024)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 1588 OF 2013

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PETITIONER:

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V. VIJESH

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AGED 34 YEARS, S/O VIDHYADHARAN, SREE BHAVAN, IRINGOLE P.O, PERUMBAVOOR, ERNAKULAM DISTRICT

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BY ADVS. SRI.SAJI SANKARAN NAIR SRI.E.JIJOBAL

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RESPONDENTS:

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1 THE SECRETARY, PERUMBAVOOR MUNCIPLAITY PERUMBAVOOR P.O, ERNAKULAM DISTRICT - 683542

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2 THE PERUMBAVOOR MUNICIPALITY PERUMBAVOOR, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 683542

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BY ADV. SRI. V.M. KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1588 OF 2013

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No.1588 of 2013

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Dated this the 04^th day of April, 2024

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) call for the records leading to Ext.P3 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to regularize the construction made by the petitioner covered under a building permit, BA.No.276-08-09, of the 2nd respondent; and

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(iii) grant such other and further relief as this Hon'ble court may deem fit and proper in the interest of justice.” SIC

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WP(C) NO. 1588 OF 2013

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Ext.P3 is the impugned order in this case.

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Admittedly, Ext.P3 is only a provisional order issued under Section 406(1) of the Municipality Act. When

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this writ petition came up for consideration on 16.01.2013, this Court stayed the demolition of the structure put up by the petitioner. The interim order

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is in force even now.

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I am of the considered opinion that this writ

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petition need not be retained here. The petitioner can be allowed to submit his objection to Ext.P3 and based

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on the same, the Municipality can pass final orders, in

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accordance with law.

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Therefore, this Writ Petition is disposed of with

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the following directions:

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WP(C) NO. 1588 OF 2013

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i. The petitioner is free to submit his objection to

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Ext.P3, within a period of 30 days from the date of receipt of a copy of this judgment.

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ii. Once the objection is received, the 1^st

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respondent will consider the same and pass appropriate orders in it, in accordance with law.

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iii. Till final orders are passed, the interim order

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passed by this Court against the demolition

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of the structure, will continue.

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Sd/-

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nvj

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 1588 OF 2013

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APPENDIX OF WP(C) 1588/2013

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PETITIONER EXHIBITS

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EXT.P1- PHOTOCOPY OF THE ORDER DTD. 28.09.2011 IN APPEAL NO.543/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

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EXT.P2- PHOTOCOPY OF THE ORDER DTD. 28.01.2012 IN APPEAL NO.824/2011 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

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EXT.P3- PHOTOCOPY OF THE NOTICE-CUMORDER DTD. 28.05.2012 ISSUED BY THE 1ST RESPONDENT.

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EXT.P4- PHOTOGRAPH SHOWING THE ELEVATION OF THE TRESS WORK.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

V.Vijeesh v. the Secretary, Perumbavoor Munciplaity

Case brief

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What did the court decide?

V.Vijeesh v. the Secretary, Perumbavoor Munciplaity

Case brief

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What the court decided

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