High Court of KeralaWP(C)/29967/2015disposed of

Sajan Francis v. Chalakkudy Municipality

2015-11-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 29967 of 2015 (U) ---------------------------- PETITIONER(S):

----------------- SAJAN FRANCIS,AGED 53 YEARS,S/O.FRANCIS,PADIKKALA HOUSE, PALACE ROAD, CHALAKKUDY, PIN-680 307.

BY ADVS.SRI.K.S.BHARATHAN SMT.S.ANJUSHA RESPONDENT(S):

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1. CHALAKUDY MUNICIPALITY,REPRESENTED BY ITS SECRETARY, CHALAKUDY MUNICIPAL OFFICE, RAILWAY STATION ROAD CHALAKUDY, PIN-680 307.

2. C.A.THOMAS,MALIYEKKAL CHETTAKKA HOUSE,VELLIKKULAM ROAD, NORTH CHALAKUDY, PIN-680 307.

3. NAUSHAD,FLOWER MERCHANT,POLICE STATION ROAD, SOUTH JUNCTION, CHALAKUDY, PIN-680 307.

4. RAGHAVAN, BOMBAY HAIR SETTING SALOON POLICE STATION ROAD, SOUTH JUNCTION, CHALAKUDY, PIN - 680 307.

5. E.S.JOSE, ELAMBLASSERY HOUSE, NEAR POTTA ASHRAMAM, POTTA, PIN-680 722.

R4 BY ADV. SRI.K.M.FIROZ R4 BY ADV. SMT.M.SHAJNA R4 BY ADV. SRI.S.KANNAN R4 BY ADV. SMT.UMMUL FIDA R5 BY ADV. SRI.JOHN JOSEPH VETTIKAD R5 BY ADV. SRI.C.JOSEPH JOHNY R2 BY ADV. SRI.K.J.MOHAMMED ANZAR R1 BY ADV. SRI.SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29967 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1:TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14.06.2011.

EXT.P2:TRUE COPY OF THE RECEIPT ISSUED ON BEHALF OF THE 1ST RESPONDENT DATED 14.06.2011.

EXT.P3:TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 30.12.2011.

EXT.P4:TRUE COPIES OF THE RELEVANT PAGES OF THE FILE MAINTAINED BY THE 1ST RESPONDENT.

EXT.P5:TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, IRINJALAKUDA DATED 01.09.2015. EXT.P6:TRUE COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER,BUILDINGS SECTION,THRISSUR DATED 04.09.2015. EXT.P7:TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.09.2015.

EXT.P8:TRUE COPY OF THE RECEIPT ISSUED ON BEHALF OF THE 1ST RESPONDENT DATED 09.09.2015.

RESPONDENT(S)' EXHIBITS :

----------------------------- EXT.R1(a) :

PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE BUILDING.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29967 of 2015 --------------------- Dated this the 6th day of November, 2015

J U D G M E N T

The power under Section 411 of the Kerala Municipality Act is sought to be invoked by the petitioner. The petitioner asserts that the line building in question is in a ruinous state. Respondents 2 to 4 are the tenants in occupation and the fifth respondent is the landlord.

2. Exts.P1 and P7 representations put in by the petitioner is pending with the first respondent. I direct the first respondent to consider the same with notice to the petitioner as well as respondents 2 to 5. Exts.R4(b) and R4(c) filed by the fourth respondent shall also be adverted to in the exercise.

3. The proceedings shall be taken to a logical end within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/6.11.15