High Court of KeralaWP(C)/26382/2015disposed of

Premila Vijayakumar v. Sudheer

2015-09-01Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WP(C).No. 26382 of 2015 (W) ---------------------------- PETITIONER(S):

----------------- PREMILA VIJAYAKUMAR, AGED 52 YEARS W/O.VIJAYAKUMAR P, 38/581 (OLD NO.29/348) SOUPARNIKA VATTEKKUNNAM, EDAPPILLY NORTH P.O, KOCHI 24.

BY ADVS.SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY SMT.M.D.BEENA RESPONDENT(S):

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

1. SUDHEER E.S S/O.SUDHAKARAN, THAMARASSERY HOUSE,VATTEKKUNNAM EDAPPILLY NORTH P.O, KOCHI 24.

2. KALAMASSERY MUNICIPALITY KALAMASSERY, REPRESENTED BY ITS SECRETARY MUNICIPAL BUILDINGS, CHANGAMPUZHA NAGAR P.O SOUTH KALAMASSERY KOCHI 33.

3. MUNICIPAL SECRETARY KALAMASSERY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O SOUTH KALAMASSERY, KOCHI 33.

R BY SRI.M.K.ABOOBACKER,SC KALAMASSERY MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26382 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1. COPY OF THE COMPLAINT DATED 6.5.13 LODGED BY PETITIONER BEFORE 2ND RESPONDENT MUNICIPALITY.

EXHIBIT P2. COPY OF THE FINAL ORDER PASSED BY 2ND RESPONDENT MUNICIPALITY DATED 9.12.13 DIRECTING REMOVAL OF UNAUTHORISED CONSTRUCTION.

EXHIBIT P3. COPY OF THE ORDER IN APPEAL NO.61/14 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.26382 of 2015 --------------------- Dated this the 1st day of September, 2015

J U D G M E N T

The petitioner laments that follow up action has not been taken by the second respondent Municipality pursuant to Ext.P3 order of remand by the Tribunal for Local Self Government Institutions. The Municipality undertakes to comply with the order of remand by passing fresh orders on Ext.P1 complaint with due notice to the affected parties.

I direct the second respondent Municipality to pass final orders on Ext.P1 complaint with notice to the petitioner and the first respondent within two months. Needless to say that a detailed order shall be passed adverting to the contentions of either parties as warranted by Ext.P3 order of remand of the Tribunal.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.