Disposed

Nazeer v. Trikkakara Municipality

Kerala HC15 Jul 2024WP(C)/6307/2018

Case brief

AI extract

What is this about?

Shop tenants sought a direction against the Municipality's demolition of sheds serving as facilities for their women workers. Respondents stated new washrooms were constructed in the tenanted buildings. Recording this submission, the Court closed the writ petition with liberty to file afresh if advised.

What did the court decide?

None; writ petition closed with liberty to file a fresh writ petition if so advised.

Nazeer Vs Trikkakara Municipality — 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN

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MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 6307 OF 2018

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PETITIONER/S:

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1 NAZEER AGED 48 YEARS AGED 48, S/O. HAMSA, ROOM NO. 1, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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2 MR. JOSEPH AGED 62 YEARS AGED 62, S/O.CHACKO, ROOM NO. 9, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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3 MR. JOY AGED 65 YEARS AGED 65, S/O. ANTONEY, ROOM NO. 10, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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4 MR. C.A. KAREEM AGED 62 YEARS AGED 62, S/O. C.K. ALI, ROOM NO. 17, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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5 MR. ASHRAFF AGED 48 YEARS AGED 48, S/O. ISMAIL, BUILDING NO. 22, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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6 MR. MUHAMMED ALI AGED 50 YEARS AGED 50 YEARS, SBDUL RAHIMAN, BUILDING NO. 23, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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WP(C) NO. 6307 OF 2018

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7 MR. SIDHIK AGED 50 YEARS AGED 50, S/O. IBRAHIM, BUILDING NO. 25, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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8 MR. KABEER AGED 42 YEARS AGED 42, S/O. AMMUTTY, BUILDING NO. 27, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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9 MR. MOOSA AGED 40 YEARS AGED 40, S/O. MUHAMMED, BUILDING NO. 28, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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10 MR. AMEER AGED 62 YEARS AGED 62, S/O. MUHAMMED, BUILDING NO. 29, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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11 MR. ABDUL KHADER AGED 51 YEARS AGED 51, S/O. MUHAMMED, BUILDING NO. 30, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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12 MR. SUDHAKRAN AGED 51 YEARS AGED 51, S/O. SREEDHARAN, BUILDING NO. 31, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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13 MR. RASIYA MAJEED AGED 40 YEARS AGED 40, W/O. MAJEED, BUILDING NO. 32, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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14 MR. ABDUL KHADER AGED 56 YEARS

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WP(C) NO. 6307 OF 2018

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3 AGED 56, S/O, BAVA, BUILDING NO. 33, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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15 MR. ABDUL RASEED AGED 38 YEARS AGED 38, S/O. EMAMUDHEEN, BUILDING NO. 35, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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16 MR. SUBIAR AGED 40 YEARS AGED 40, S/O. HAMEED, BUILDING NO. 36, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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17 MR. KAMARUDEEN AGED 54 YEARS AGED 54, S/O. ABDUKUTTY, BUILDING NO. 37, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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18 MR. SALEEM AGED 65 YEARS AGED 65, S/O. ISMAIL, BUILDING NO. 38, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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19 MR. SANKAR AGED 54 YEARS AGED 54, S/O. KRISHNAN, BUILDING NO. 39, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021.

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20 MR. ABDUL RASAK AGED 60 YEARS AGED 60, S/O. KUNJU, BUILDING NO. 40, THRIKKAKARA MUNICIPALITY, SHOPPING COMPLEX, N.G.O.QUARTERS JUNCTION, KAKKANAD, PIN - 682 021. BY ADVS. SRI.A.B.JALEEL SRI.A.J.SHAHEER

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WP(C) NO. 6307 OF 2018

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RESPONDENTS:

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1 TRIKKAKARA MUNICIPALITY MUNICIPAL BUILDING, KAKKANAD, REPRESENTED BY THE SECRETARY, PIN - 682 030.

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2 THE DIRECTOR NAVAL PHYSICAL OCEANOGRAPHIC LABORATORY NEAR NGO QUARTERS, KAKKANAD, THRIKKAKARA P.O., PIN - 682 021.

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3 THE DISTRICT COLLECTOR COLLECTORATE CIVIL STATION KAKKANAD, ERNAKULAM, PIN - 682 030.

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OTHER PRESENT:

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SRI. JUSTINE JACOB -SR.GP

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STANDING COUNSEL FOR THRIKKAKKARA MUNICIPALITY SRI.S.JAMAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6307 OF 2018

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SHOBA ANNAMMA EAPEN,J

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----------------------------------------------W.P(C) NO.6307 OF 2018 -----------------------------------------------

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Dated this the 15th day of July, 2024

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J U D G M E N T

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Petitioners have approached this Court seeking for a direction to the first respondent not to demolish the sheds as stated in Ext.P1 till alternative provisions are arranged by the petitioners for the primary needs of their women workers.

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When the matter is taken up for hearing today, the learned

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counsel for the respondents submits that pursuant to the filing of the writ petition, new washrooms have been constructed in the buildings where the petitioners are tenants and hence, nothing survives in this writ petition.

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Recording the submission of the learned counsel for the respondent, the writ petition is closed with liberty to the petitioners to file fresh writ petition if so advised.

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Sd/-

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WP(C) NO. 6307 OF 2018

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SHOBA ANNAMMA EAPEN, JUDGE

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MBS/

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APPENDIX OF WP(C) 6307/2018

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PETITIONERS' EXHIBITS:-

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EXHIBIT P1 TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 16.02.18.

Nazeer v. Trikkakara Municipality

Case brief

What is this about?

What did the court decide?

Nazeer v. Trikkakara Municipality

Case brief

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