High Court of KeralaWP(C)/24236/2015disposed of

Anoop G.P. v. The Secretary, Kozhikode Corporation

2015-09-15Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 24236 of 2015 (D) ---------------------------- PETITIONER(S)/PETITIONER:

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1. ANOOP G.P., AGED 23 YEARS S/O.SASIDHARAN, GOVINDAPURATH HOUSE, ARAKKINAR.P.O KOZHIKODE DISTRICT.

2. SIRAJUDDEEN, AGED 40 YEARS S/O.SAIDALAVI, PALLITHODY, CHAKKIRIKKAD HOUSE ARAKKINAR.P.O, KOZHIKODE DISTRICT.

3. DIBEESH, AGED 30 YEARS S/O.BALAN, THACHAT HOUSE, ARAKKINAR.P.O KOZHIKODE DISTRICT.

BY ADV. SRI.S.K.SAJU RESPONDENT(S)/RESPONDENTS:

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1. THE CORPORATION OF KOZHIKODE, REPRESENTED BY ITS SECRETARY, KOZHIKODE-673001.

2. VILLAGE OFFICER, BEYPORE VILLAGE, BEYPORE.P.O, KOZHIKODE-673015.

3. THE THAHSILDAR, KOZHIKODE, CIVIL STATION.P.O, KOZHIKODE-673020.

4. MUHAMMED NAZAR.K, S/O.ABDURAHIMAN, DARUL NAJATH HOUSE PUTHURPALLIKKAL.P.O, MALAPPURAM DISTRICT, PIN-673636. R4 BY ADV. SRI.T.K.VENUGOPALAN R2 AND R3 BY ADV.ANITHA RAVINDRAN, GOVERNMENT PLEADER R1 BY SRI.K.D.BABU,STANDING COUNSEL,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24236 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE NOTE AND PROCEEDINGS DATED 29.05.2015 SUBMITTED BY THE 2ND RESPONDENT P2 TRUE COPY OF THE STOP MEMO DATED 28.05.2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT P3 TRUE COPY OF THE COMPLAINT DATED 10.07.2015 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS ---------------------------------------

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 24236 OF 2015 --------------------------------------- Dated this the 15th day of September, 2015

JUDGMENT

The petitioners assert that the 4th respondent is proceeding with the construction despite Ext.P2 stop memo. It is also the case of the petitioners that the ongoing construction is unauthorised.

The petitioners have in this regard submitted Ext.P3 complaint to the first respondent. I direct the first respondent to consider Ext.P3 complaint with notice to the petitioners and the 4th respondent. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

W.P(C) NO.24236/2015 3.

It is made clear that I have not pronounced on the merits of the contentions urged by the petitioners and the 4th respondent in the writ petition.

The writ petition is disposed of accordingly. V.CHITAMBARESH, JUDGE sks