Shina Sonnet v. The Pala Municipaliaty

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37800 of 2015 (Y) -------------------------------------- PETITIONER:

-------------------------- SHINA SONNET KATTIKANAL PALA BY ADVS.SRI.JACOB P.ALEX SRI.THOMAS J.ANAKKALLUNKAL RESPONDENTS:

---------------------------- 1.

THE PALA MUNICIPALITY REPRESENTED BY ITS SECRETARY MUNICIPAL OFFICE PALA, PIN - 686 575 2.

THE SECRETARY PALA MUNICIPALITY MUNICIPAL OFFICE PALA, PIN - 686 575 3.

R. MANOJ OLADHATIL ARUNAPURAM P.O.

PALA PIN - 686 575 R1 & R2 BY SRI.V.M.KURIAN, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37800 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE JUDGMENT DATED 13.08.2015 IN W.P.(C). NO. 23740 OF 2015 P2 :

COPY OF THE BUILDING PERMIT BEARING NO. PW II-BA(30461)/2015 DATED 13.10.2015 ISSUED BY THE 2ND RESPONDENT P3 :

COPY OF THE SURVEY SKETCH OF THE PROPERTY OF PETITIONER P4 :

COPY OF THE NOTICE BEARING NO. PW2-11506/15 DATED 28.10.2015 ISSUED BY THE SECOND RESPONDENT P5 :

COPY OF THE 2ND REFERENCE REPORT OF THE OVERSEER MENTIONED IN EXHIBIT P4 P6:

COPY OF THE COVERING LETTER DATED 12.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P7:

COPY OF THE REPORT SUBMITTED BY THE OVERSEER P8:

COPY OF THE STOP MEMO BEARING NO. PW2-11506/2015 DATED 13.11.2015 ISSUED BY THE SECOND RESPONDENT P9:

COPY OF THE REPLY DATED 20.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P10:

COPY OF THE REPORT BEARING NO. D7-8726/2015 DATED 20.07.2015 PREPARED BY THE TALUK SURVEYOR P11:

COPY OF THE REPORT BEARING NO. 423/15 DATED 29.10.2015 SUBMITTED BY THE VILLAGE OFFICER, PULIYANNOOR BEFORE THE RDO, PALA RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 37800 OF 2015 ---------------------------------------- Dated this the 14th day of December, 2015

JUDGMENT

The petitioner impugns Ext. P8 stop memo primarily on the ground that the ongoing construction is in accord with Ext. P2 approved building permit. It is open to the petitioner to submit a detailed objection to Ext.P8 stop memo producing along with it Ext. P3 Survey Sketch, Exts. P10 and P11 reports.

2.

Any objection filed within ten days from today shall be dealt with by the second respondent within a period of one month therefrom. Needless to say that the petitioner as well as the third respondent shall be put on notice and heard in the exercise.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS