Vinod, Vs Mannarkkad Municipality — Kerala HC (2025) — LawSathi Research

Vinod, Vs Mannarkkad Municipality — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the 1st respondent (Mannarkkad Municipality) to ensure its competent officer takes up Exts.P4 and P5 representations and takes an appropriate decision after hearing the petitioner and the 4th respondent, passing necessary orders within two months from receipt of a copy of the judgment.

Issue for consideration

Whether the 1st respondent Municipality should be directed to have its competent officer take up the petitioner's representations Exts.P4 and P5, alleging that the 4th respondent carried out illegal construction including a septic tank without municipal permission, and take an appropriate decision thereon after hearing the petitioner and the 4th respondent.

Court's answer

The 1st respondent shall ensure that the competent officer under it takes up Exts.P4 and P5 representations and an appropriate decision is taken on the same, after hearing the petitioner and the 4th respondent.

Ratio / Principle

Necessary orders on the representations shall be passed within a period of two months from the date of receipt of a copy of this judgment.

Detailed headnote1 paragraphs

Petitioner Vinod, owner in possession of 15 cents comprised in Survey Nos.4/1, 4/3 and 4/4 in Mannarkkad Taluk, Palakkad District, complained that the 4th respondent (Athira) had carried out illegal construction including a septic tank without permission of the 1st respondent Mannarkkad Municipality, and had submitted complaints (Ext.P3 dated 29-11-2024 and Ext.P4 dated 29-1-2025 before the Municipality; Ext.P5 dated 6-2-2025 before the 3rd respondent, Assistant Executive Engineer, PWD (Roads)). His limited prayer was a direction that the respondents take a decision on those complaints within a timeframe. The High Court of Kerala (Ziyad Rahman A.A. J), after final hearing on 03.04.2025, disposed of WP(C) No.5844 of 2025 ordering that the 1st respondent ensure its competent officer takes up Exts.P4 and P5 and takes an appropriate decision after hearing the petitioner and the 4th respondent, with necessary orders to be passed within two months from receipt of a copy of the judgment.

2025:KER:26597

WP(C) NO. 5844 OF 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

WP(C) NO. 5844 OF 2025

PETITIONER:

VINOD,
AGED 53 YEARS
S/O.BALAN, NADAKKAVIL HOUSE, ARAKURUSSI,
MANNARKKAD TALUK, PALAKKAD DISTRICT,

PIN - 678582

BY ADVS.
K.MOHANAKANNAN
ADARSH MOHAN K.

RESPONDENTS:

1 MANNARKKAD MUNICIPALITY, MANNARKKAD -1, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 678582

2 THE MUNICIPAL COUNCIL, MANNARKKAD MUNICIPALITY MANNARKKAD-1, PALAKKAD DISTRICT REPRESENTED BY ITS CHAIRMAN, PIN - 678582

3 THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS), MANNARKKAD, PALAKKAD, PIN - 678582

2025:KER:26597

WP(C) NO. 5844 OF 2025

4 ATHIRA, D/O.CHANDRAN, PAKARAYIL HOUSE, PERINCHOLAM, MANNARKKAD PALAKKAD, PIN - 678582

BY ADV JAYARAM P, SC

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

WP(C) NO. 5844 OF 2025

2025:KER:26597

JUDGMENT

The grievance of the petitioner, who is the owner in possession of a property having an extent of 15 cents comprised in Survey No.4/1, 4/3 and 4/4 which is situated in Mannarkkad Taluk, in Palakkad District is that, the 4^th respondent had carried out certain illegal construction, including a septic tank, without obtaining any permission from the 1^st respondent Municipality. Highlighting the grievances the petitioner submitted Exts.P4 and Ext.P5 complaints before the respondents 1 and 3. The limited prayer sought by the petitioner is to direct the said respondents to take a decision thereon within a timeframe.

After hearing the learned Counsel for the petitioner, the learned Standing Counsel for the respondents 1 to 3 and learned Counsel for the 4^th respondent, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 1^st respondent shall ensure that the competent officer under the said respondent

2025:KER:26597

WP(C) NO. 5844 OF 2025

takes up Exts.P4 and P5 representations and appropriate decision

is taken on the same, after hearing the petitioner and the 4^th respondent. Necessary orders shall be passed within a period of

two months from the date of receipt of a copy of this judgment.

Sd/-
ZIYAD RAHMAN A.A.
JUDGE

scs

WP(C) NO. 5844 OF 2025

2025:KER:26597

APPENDIX OF WP(C) 5844/2025

PETITIONER EXHIBITS

Exhibit P1TRUE COPY OF THE SETTLEMENT DEED
NO.4159/2000 DATED 19-7-2000 OF SRO
MANNARKKAD

Exhibit P2TRUE COPY OF THE BASIC TAX RECEIPT OF
THE PROPERTY DATED 8-11-2024

Exhibit P3TRUE COPY OF THE COMPLAINT DATED 29-
11- 2024 FILED BY THE PETITIONER
BEFORE THE 1 ST RESPONDENT

Exhibit P4P4:- TRUE COPY THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 1 ST
RESPONDENT DATED 29-1-2025

Exhibit P5TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 3 RD
RESPONDENT DATED 6-2-2025