High Court Kerala High Court

K.K.Builders vs Kannur Municipality on 13 July, 2009

Kerala High Court
K.K.Builders vs Kannur Municipality on 13 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14497 of 2009(F)


1. K.K.BUILDERS, A REGD.PARTNERSHIP FIRM,
                      ...  Petitioner

                        Vs



1. KANNUR MUNICIPALITY, REPRESENTED BY ITS
                       ...       Respondent

2. THE SECRETARY, KANNUR MUNICIPALITY,

3. K.SUJITH, FATHER'S NAME AND AGE NOT

4. K.JEEMA, FATHER'S NAME AND AGE NOT

5. K.RESHMA, FATHER'S NAME AND AGE NOT

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  :SRI.V.PREMCHAND

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/07/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
             W.P(C).No.14497 & 18355 OF 2009
                  -------------------------------------------
               Dated this the 13th day of July, 2009


                              JUDGMENT

1.The first petitioner in the latter among the captioned matters

and a couple of others moved this Court and obtained a

direction to the Municipal Authority to hear their request for

access through certain property. It appears that the

Municipality and the petitioner in W.P(C).14497/09 have

certain agreements between them. The Secretary of the

Municipality, following the aforesaid judgment, recorded the

statement of one of the complainants and conducted a site

inspection, stated to be in the presence of the petitioner in

W.P(C).14497/09 also. An order has been issued by the

Secretary essentially on facts. It was wholly inappropriate that

the said order has been issued without hearing the petitioner

in W.P(C).14497/09 by giving him an opportunity to meet the

materials which are being put against him. Not only that, the

terms of the BOT agreement are also stated to be relevant to

conclude on the mater either way. The said order, Ext.P1 in

WPC.14497/09 & 18355/09

Page numbers

W.P(C).14497/09, has been stayed by interim orders issued in

that case. Alleging that utilising that opportunity that builder

has made certain other constructions in the passage in

question, W.P(C).18355/09 is filed seeking directions.

2.The aforesaid fact situation would show that all that is

required is that the matter need not be held up here but has

necessarily to go back for the Secretary of the Municipality to

hear the parties and to decide afresh on the issue covered by

Ext.P1 in W.P(C).14497/09 and also to consider the objections

of the petitioners in W.P(C).18355/09 regarding certain

constructions which are allegedly made as of now.

Accordingly, Ext.P1 in W.P(C).14497/09 is quashed, opening

up opportunity for parties to place all relevant materials before

the Municipality to decide on matters referable to both the

writ petitions. It is directed that final decision in the aforesaid

matters will be taken within a period of 45 days from the date

of receipt of a copy of this judgment.

WPC.14497/09 & 18355/09

Page numbers

3.The parties are directed to mark their appearance before the

Secretary of the Municipality on 27.7.2009 to enable the said

officer to fix a date of hearing appropriately. All other issues

are left open. These writ petitions are ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.13/7.