Disposed

The Mannam Sugar Mills Co-Operative Ltd., Represented by Its Managing Director v. Pandalam Municipality, Represented by Its Secretary

Kerala HC10 Jul 2024WP(C)/21585/2024

Case brief

AI extract

What is this about?

A co-operative society sought to construct a compound wall; its building permit was cancelled by the Municipality during the proceedings. The High Court closed the writ petition as infructuous, reserving liberty to approach the Court afresh if the permit is granted, and directed expeditious consideration of any pending permit application.

What did the court decide?

Writ petition closed; liberty reserved to re-approach if permit granted; pending application to be considered expeditiously per law.

The Mannam Sugar Mills Co-Operative Ltd… — 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 V.G.ARUN
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
WP(C) NO. 21585 OF 2024

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PETITIONER:

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THE MANNAM SUGAR MILLS CO-OPERATIVE LTD., REPRESENTED
BY ITS MANAGING DIRECTOR
DR. THULASEEDHARAN NAIR, AGED 67, S/O LATE KUNHIRAMAN
PILLAI, MSM (P.O.), PANDALAM, PATHANAMTHITTA - 689501.
RESIDING AT TC 14/774(1), OBSERVATORY LANE, PALAYAM,
VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM, PIN - 695033

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BY ADVS.
R.T.PRADEEP
V.VIJULAL
P.BIJIMON
M.BINDUDAS
NIRANJAN T. PRADEEP

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RESPONDENTS:

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1 PANDALAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY PANDALAM.P.O., PATHANAMTHITTA, PIN - 689501

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2 SECRETARY PANDALAM MUNICIPALITY, PANDALAM.P.O., PATHANAMTHITTA, PIN - 689501

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3 ASSISTANT ENGINEER

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PANDALAM MUNICIPALITY, PANDALAM.P.O., PATHANAMTHITTA, PIN - 689501

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4 ASSISTANT EXECUTIVE ENGINEER OFFICE OF ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD SECTION), ADOOR.P.O., PATHANAMTHITTA, PIN - 691523

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5 SHAJAHAN ASSISTANT ENGINEER, OFFICE OF ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD SECTION), PANDALAM.P.O., PATHANAMTHITTA, PIN - 689501

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6 OVERSEER OFFICE OF ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT (ROAD SECTION), PANDALAM.P.O., PATHANAMTHITTA, PIN - 689501

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7 TALUK SURVEYOR TALUK OFFICE, ADOOR, ADOOR.P.O., PATHANAMTHITTA, PIN - 691523

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8 STATION HOUSE OFFICER PANDALAM POLICE STATION, PANDALAM.P.O., PATHANAMTHITTA,

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WP(C) NO. 21585 OF 2024

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PIN - 689501
9SREEJIN
PANIKKUZHATHIL PADINJATTETHIL (KABRICKAL THUNDIL),
EDAYILE PARAMBIL, CHERICKAL, PANDALAM.P.O.,
PATHANAMTHITTA, PIN - 689501
10RAJANEESH
KOOTTAMVETTIYIL, NELLICKAL, CHERICKAL, PANDALAM.P.O.,
PATHANAMTHITTA, PIN - 689501
BY ADV MAYA T S

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OTHER PRESENT:

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SMT. T.S. MAYA, SC. & SRI. P.S. APPU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21585 OF 2024

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JUDGMENT Dated this the 10^th day of July 2024

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Although various contentions are raised by the learned

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counsel for the petitioner, as permit granted for constructing the compound wall stands cancelled, nothing survives for consideration in this writ petition.

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The writ petition is hence closed, reserving the petitioner’s liberty to approach this Court again, if and when the permit is granted.

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Learned counsel for the petitioner submits that an application with the requisite documents seeking the issuance of permit has been filed. If so, the same shall be considered expeditiously and in accordance with law.

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The Writ Petition is closed with the above observation.

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Sd/V.G.ARUN JUDGE

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saap

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WP(C) NO. 21585 OF 2024

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APPENDIX OF WP(C) 21585/2024

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`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE` `COPY` `OF` `TAX` `NO.KL03011307292/2023` `DATED` `PERTAINING TO 30 ACRES OF PROPERTY` `IN RE-SURVEY NO.503/2, 527/1,2, 528` `OF PANDALAM VILLAGE IN ADOOR TALUK`	`RECEIPT` `2.8.2023` `COMPRISED` `AND 538/2`
`Exhibit P2`	`TRUE COPY OF THE INJUNCTION OR` `25.11.2023 IN I.A. NO.1/2023` `NO.343/2023 BY THE COURT OF MUNSIFF,`	`DER DATED` `IN O.S.` `ADOOR`
`Exhibit P3`	`TRUE COPY OF APPLICATION DATED` `SUBMITTED BY PETITIONER BEFORE THE` `EXECUTIVE ENGINEER OF P.W.D.`	`29.1.2024` `ASSISTANT`
`Exhibit P4`	`TRUE` `COPY` `OF` `COM` `NO.PWD/RB/FL/11622/2023 DATED 29.1.` `4TH RESPONDENT TO CONSTRUCT THE COM` `REPLACING THE BARBED IRON WIRE FEN` `PERMIT FROM LOCAL AUTHORITY OR` `OBJECTION CERTIFICATE FROM P.W.D.`	`MUNICATION` `2024 FROM` `POUND WALL` `CING WITH` `WITH NO`
`Exhibit P5`	`TRUE COPY OF APPLICATION FOR PER` `NO.BA/1058/0008/2024) DATED 8.2.20` `PANDALAM MUNICIPALITY WITH DETAILE` `THE PROPOSED COMPOUND WALL`	`MIT (FILE` `24 BEFORE` `D PLAN OF`
`Exhibit P6`	`TRUE COPY OF CHELLAN DATED 6.3.2024` `TREASURER, SUB TREASURY, ADOOR FOR` `APPLICATION FOR DETERMINATION OF BO` `PROPERTIES ON EITHER SIDE OF PWD ROA`	`ISSUED BY` `THE FIRST` `UNDARY OF` `D`
`Exhibit P7`	`TRUE COPY OF CHELLAN DATED 6.3.2024` `TREASURER, SUB TREASURY, ADOOR FOR` `APPLICATION FOR DETERMINATION OF BO` `PROPERTIES ON EITHER SIDE OF PWD ROA`	`ISSUED BY` `THE FIRST` `UNDARY OF` `D`
`Exhibit P8`	`TRUE COPY OF COMMUNICATION NO.E3/` `DATED 15.3.2024 BY 2ND RESPO` `PETITIONER`	`T/248/2024` `NDENT TO`
`Exhibit P9`	`TRUE COPY OF JUDGMENT DATED 4.4.202` `(C) NO.13861/2024 OF THE HON'BLE H` `OF KERALA`	`4 IN W.P.` `IGH COURT`
`Exhibit P10`	`TRUE COPY OF PERMIT NO.E- T/248/2` `25.5.2024 WITH APPROVED PLAN FOR CO` `OF COMPOUND WALL ISSUED BY` `RESPONDENT/MUNICIPALITY`	`024 DATED` `NSTRUCTION` `THE 1ST`
`Exhibit P11` `RESPONDENT EXHIBITS`	`TRUE COPY OF STOP MEMO NO.AB/GE` `DATED 31.5.2024 FROM 5TH RESPO` `PETITIONER`	`N/2023/PDM` `NDENT TO`

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WP(C) NO. 21585 OF 2024

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`Exhibit R-1[a]` `PETITIONER EXHIBITS`	`True copy` `the petit` `25-6-2024`	`of t` `ioner`	`he intimation notice given to` `by the 3rd respondent dated`
`Exhibit P12`	`TRUE COPY`	`OF`	`THE NOTICE NO.G1-1462919/2024`
	`DATED 25.` `ENGINEER,` `BY WHICH E` `CANCELLED`	`6.20` `LSGD` `XHIB`	`24 ISSUED BY THE ASSISTANT` `SECTION, PANDALAM MUNICIPALITY` `IT-P10 PERMIT AND APPROVED PLAN`
`Exhibit P13`	`TRUE COPY` `DATED NIL` `PROPERTY`	`OF` `FOR` `SEPAR`	`THE INTIMATION IN FORM NO.13` `DETERMINING THE BOUNDARY OF` `ATING THE PWD ROAD ISSUED BY`
	`TAHSILDAR,`	`TA`	`LUK OFFICE, ADOOR TO THE`
	`MANAGING` `OPERATIVE`	`DIREC` `LIMIT`	`TOR, MANNAM SUGAR MILLS CO-` `ED, PANDALAM`

The Mannam Sugar Mills Co-Operative Ltd., Represented by Its Managing Director v. Pandalam Municipality, Represented by Its Secretary

Case brief

What is this about?

What did the court decide?

The Mannam Sugar Mills Co-Operative Ltd., Represented by Its Managing Director v. Pandalam Municipality, Represented by Its Secretary

Case brief

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What did the court decide?

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