High Court of KeralaWP(C)/5329/2011disposed of

C.P.Ummer And Others v. The Kannur Municipality

2015-11-13Honourable Mr.Justice A.M.Shaffique5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 5329 of 2011 (M) --------------------------- PETITIONER(S):

--------------------------

1. C.P.UMMER, 'JASSIM'S', ELAYAVOOR, P.O.THAZHE CHOWWA, KANNUR DISTRICT-670 018.

2. M.T.RAFEEK, 'SHUKRIYA', AYIKKARA POOVALAPPU, KANNUR-670 017.

3. S.ABDUL LATHEEF, NEAR ENGLISH CHURCH, ANJUKANDY ROAD, KANNUR-670 017.

4. V.K.ABDUL HAMEED, 'RAMLAS', MUZHATHADAM, P.O.CIVIL STATION, KANNUR-670 002.

5. C.HASSAN KUNHI, P.M.HOUSE, NEAR RAILWAY GATE, ANAYIDUKE, KANNUR-670 012.

6. P.M.AMINA, RASHEEDA MANZIL, CHALAD, PANNIKKAL, KANNUR-670 014.

7. C.P.SALAM, 'DARUL MANAR', P.O.KOTTAI, KANNUR DISTRICT.

8. M.T.ABDUL MAJEED, 'TAMITTON HOUSE', AYIKKARA POOVALAPPU, KANNUR-670 017.

9. O.C.SHAKUNTHALA, 'FIELD VIEW', THAVAKKARA, KANNUR DISTRICT-670 001.

10. M.T.SALEEM, 'DARUL HUDHA', KANNOTHUMCHAL, P.O.CHOVVA, KANNUR DISTRICT.

BY ADVS.SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA 2/-

-2WP(C).NO.5329/2011 RESPONDENT :

-------------------------- KANNUR MUNICIPALITY, KANNUR-670 001, REPRESENTED BY ITS SECRETARY. BY SRI.K.K.CHANDRAN PILLAI,SENIOR ADVOCATE ADVS. SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS SRI.TONY THOMAS (INCHIPARAMBIL) SMT.S.AMBILY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO.5329/2011 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE JUDGMENT IN WP(C).NO.8303/08 DATED 10/9/2009 P2 COPY OF THE NOTICE ISSUED BY MUNICIPALITY DATED 8/10/2009 P3 COPY OF THE REPRESENTATION GIVEN ONE OF THE PETITIONERS TO THE RESPONDENT DATED 10/3/2010 P4 COPY OF THE ACKNOWLEDGMENT ISSUED ON BEHALF OF THE KANNUR MUNICIPALITY BY REVENUE INSPECTOR DATED 10/3/2010 P5 COPY OF THE COMMISSION REPORT AND PLAN DATED 19/5/2010 P6 COPY OF THE COUNTER AFFIDAVIT FILED BY THE MUNICIPALITY IN WP(C). NO.8303/08 DATED 23/8/2008 P7 COPY OF THE REPRESENTATION FILED BY PETITIONERS ALONG WITH OTHERS DATED 30/12/2010 P8 COPY OF THE NEWS REPORT WHICH CAME IN MADHYAMAM DAILY DATED 9/6/11 RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE

A.M. SHAFFIQUE, J.

============= W.P. (C) No. 5329 of 2011 =================== Dated this, the 13th day of November, 2015

J U D G M E N T

Petitioners have approached this Court seeking for a direction to take immediate steps to demolish the entire Central Market and take steps for reconstruction of the same and allot them to the evictees as directed in Ext.P1 judgment dated 10/9/2009 in WP(C) No.8303/2008 2.

It is submitted that the demolition has been completed and the entire work of the building except electrification and plumbing is to be completed. Learned counsel for the petitioners submits that appropriate directions may be given to the Municipality to complete the construction and make the allotments as early as possible.

Having regard to the fact that the construction has already been completed except for plumbing and electrification work, the Municipality will have to take appropriate measures to ensure that the building is constructed and completed with all facilities within the specified time frame.

W.P(C) No.5329/11 -:2:- 4.

Accordingly, there will be a direction to the Municipality to ensure that the building is completed in its entirety within a period of nine months from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.

Sd/- A.M. SHAFFIQUE, JUDGE Rp 13/11/2015 //True Copy// P.S to Judge