High Court of KeralaWP(C)/28787/2015disposed of

Subair.M v. The Secretary, Local Self Government Department, Trivandrum

2015-09-30Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 28787 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- SUBAIR.M AGED 39 YEARS S/O.ABDUL KHADER, MUNIYACODE HOUSE, CHITHARI CHAMUNDIKUNNU, AJANOOR, KASARGOD DT.

BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S):

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

1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, TRIVANDRUM - 695001.

2. THE MUNICIPAL COUNCIL KANHANGAD MUNICIPALITY, KANHANGAD KASARGOD DISTRICT 671 315 REPRESENTED BY ITS CHAIRMAN.

3. THE KANHANGAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, KANHANGAD KASARGOD 671 315.

R1-ADV.K.A.SANJEETHA,GOVERNMENT PLEADER R2 AND R3 BY SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28787 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 29.11.2011 P2- TRUE COPY OF THE NOTICE ISUED BY THE 3RD RESPONDNET DATED 30.10.2014 P3- TRUE COPY OF THE RELEVANT PAGES OF KERALA MUNICIPALITY BUILDINGS RULES P4- TRUE COPY OF THE LETTER ISSUED BY 1ST RESPONDENT DATED 9.9.2015 P5- TRUE COPY OF THE CERTIFICATE ISSUED BY THE LOCAL MLA, KANHANGAD DATED 23.5.2015 P6- TRUE COPY OF THE NOTICE DATED 12.8.2015 ISSUED BY THE 3RD RESPONDENT P7- TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY KANHANGAD MUNICIPALITY DTED 3.2.2015 P8- TRUE COPY OF THE JUDGMENT IN WP 25348/15 PASSED BY THIS HONOURABLE COURT DATED 31.8.2015 P9- TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.8.2015 P10- TRUE COPY OF THE NOTICE DATED 8.9.2015 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

--------------------- W.P (C) No.28787 of 2015 --------------------- Dated this the 30th day of September, 2015

J U D G M E N T

The question of regularisation of the construction of the building is pending consideration with the first respondent at the instance of the additional 4th respondent evidenced by Ext.P4 communication. It is only proper that the decision thereon is awaited by the Municipal Council before whom Ext.P9 appeal is filed by the petitioner against Ext.P6 notice. 2.

I have heard the Standing Counsel for the Municipality as well as the counsel for the additional 4th respondent. It is reported that the Municipal Council has already heard Ext.P9 appeal. (The Sub-Committee constituted has heard the appeal and placed it before the Municipal Council).

I direct the first respondent to pass orders on the question of regularisation of the building within a period of two months. The 2nd respondent Municipal Council shall take a decision on Ext.P9 appeal dependent on the orders passed by the

W.P(C)NO.28787/2015 first respondent. This interim arrangement shall continue notwithstanding the vehement objection of the Standing Counsel of the Municipality.

The Writ Petition is disposed of accordingly. V.CHITAMBARESH, Judge.

sks