High Court of KeralaWP(C)/14295/2015disposed of

Amina Beevi v. Kalamassery Municipality

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14295 of 2015 (J) ---------------------------- PETITIONER(S) :- ------------------ AMINA BEEVI, W/O.J.HIDAYUTHULLA, H.NO.50/308-A, PRASANTH NAGAR ROAD NO.11, CHUTTUPADUKARA, EDAPPALLY NORTH ERNAKULAM DISTRICT REPRESENTED BY HER POWER OF ATTORNEY HOLDER HABEEB RAHMAN, S/O.ABDU RAHIMAN, DOOR NO.33/1240, CORAL MANIMALA ROAD, CHUTTUPADUKARA, EDAPALLY NORTH ERNAKULAM DISTRICT.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS :- ----------------

1. KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY, KALAMASSERI - 680 022.

2. DISTRICT COLLECTOR, ERNAKULAM - 682 030.

3. REVENUE DIVISIONAL OFFICER FORTKOCHI, ERNAKULAM - 682 001.

4. EXECUTIVE ENGINEER PWD(ROADS)DIVISION, ERNAKULAM - 682 030.

5. CIRCLE INSPECTOR OF POLICE, KALAMASSERI - 682 022.

6. NISHAD S/O.KUNHUMUHAMMED, ADAMBAYIL HOUSE, MOOLEPADAM H.M.T, KALAMASSERY - 682 022.

BY GOVERNMENT PLEADER SRI.MOHAMED SHAFI M.

BY SRI.M.K.ABOOBACKER,SC, KALAMASSERY MUNCI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14295 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1. TRUE COPY OF THE DOCUMENT NO.3377/2012 DATED 07.09.2012.

EXHIBIT P2. TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.05.2015. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 1ST RESPONDENT DATED 30.12.2014. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 30.12.2014. EXHIBIT P5. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT DATED 30.12.2014. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 5TH RESPONDENT DATED 30.12.2014. EXHIBIT P7. TRUE COPY OF THE REPRESENTATION DATED 06.05.2015 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT. EXHIBIT P8. TRUE COPY OF THE REPRESENTATION DATED 06.05.2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P9. TRUE COPY OF THE REPRESENTATION DATED 06.05.

2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P10. TRUE COPY OF THE REPRESENTATION DATED 06.05.2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P11. TRUE COPY OF THE REPRESENTATION DATED 06.05.2015 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P12. TRUE COPY OF THE POSTAL RECEIPT DATED 06.05.2015. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A.

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.14295 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner, aggrieved by inaction on the part of the second respondent in taking action against the illegal construction made by the 6th respondent in the Government land, has approached this Court with this writ petition. The petitioner raised objection by submitting Ext.P8 representation before the 2nd respondent.

If 6th respondent or any other person encroached upon the Government land illegally, based on Ext.P8, after hearing the petitioner and the 6th respondent or any other person, necessary action shall be taken by the 2nd respondent or any other officer authorised by him, within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt