A.M.Shajahan v. The Kalamassery Municipality & Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 W.P.(C).No.7466 of 2011 (G) ------------------------------------------------ PETITIONER(S):
-------------------------- A.M.SHAJAHAN, S/O. K.A.MUHAMMED, AGED 43 YEARS, RESIDING AT ANJIKATTU HOUSE, KAIPPADA MUGHAL, VADACODE P.O., PIN-682 021.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT(S):- ----------------------------
1. THE KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR P.O., KALAMASSERY, pin - 682 023.
2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM, PIN - 695 001.
3. THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, KOCHI UNIVERSITY P.O., KOCHI-682 022.
R1 BY STANDING COUNSEL SRI.M.K.ABOOBACKER R2 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE.
R3 BY STANDING COUNSEL SRI.MILLU DANDAPANI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).NO.7466 OF 2011-G APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE MALAYALA MANORAMA DAILY DT.21.1.2011. EXT.P2(a) TRUE COPY OF THE REQUEST OF THE LOCAL WARD COUNCILOR OF THE 1ST RESPONDENT MUNICIPALITY A.D.JOSE UNDER RIGHT TO INFORMATION ACT, TO THE 3RD RESPONDENT DTD.23.12.10.
EXT.P2(b) TRUE COPY OF THE ANSWER GIVEN BY THE 3RD RESPONDENT WITH REGARD TO THE DETAILS OF THE BUILDINGS.
EXT.P3 TRUE COPY OF THE INFORMATION FURNISHED BY THE 1ST RESPONDENT WITH REGARD TO THE ILLEGAL CONSTRUCTION.
EXT.P4 TRUE COPY OF THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT.
EXT.P5 TRUE COPY OF THE LETTER DATED 31.1.2011 ISSUED BY THE 2ND RESPONDENT TO THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY.
RESPONDENT'S EXHIBITS:- ----------------------------------------- NIL.
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K. Vinod Chandran, J -------------------------------------- W.P.(C).No.7466 of 2011-G ------------------------------------- Dated this the 19th day of October, 2015
JUDGMENT
The petitioner, a resident of the locality, by this writ petition projected a public cause insofar as the University having carried on various constructions without the sanction of the Town Planner. The learned counsel for the Local Self Government Institution also submits that the University had been before the Chief Town Planner and that the University had, anticipating sanction, carried on the construction.
2. In any event, the issue is something which has to be looked into by the Local Self Government Institution, the 1st respondent. The learned Standing Counsel for the 1st respondent submits that the issue will have to be gone into by the Municipality, looking into the permits granted and the construction made. If such a request is made by the petitioner before the Municipality, definitely such instances could be
WP(C).No.7466 of 2011 - 2 - looked into by the Municipality in accordance with law. However, there is no reason why this writ petition to be kept pending before this Court.
The writ petition would stand closed, leaving open all contentions.
Sd/- K.Vinod Chandran Judge.
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