IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27562 of 2007(F)
1. A.SHAHIBA, AGED 54 YEARS,
... Petitioner
Vs
1. THE ALAPPUZHA MUNICIPALITY,
... Respondent
2. THE SECRETARY,
3. THE AHAMEDIYYA MUSLIM JAMA-ATH,
For Petitioner :SRI.S.SHANAVAS KHAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :17/09/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 27562 of 2007
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Dated this the 17th day of September, 2007
JUDGMENT
I do not propose to go into the merits of the matter. The
allegation of the petitioner is that the 3rd respondent is going ahead
with certain construction activities in gross violation of the Building
Rules and that the first respondent Municipality is not taking any
serious action. Ext.P1 representation has been submitted by the
petitioner to the Municipality and Ext.P2 has been submitted to the
Chief Minister with notice to the Municipality. I dispose of the writ
petition issuing following directions:
If Ext.P1 is even now pending before the Municipality, the
Municipality will take up Ext. P1, consider the same in the light of
Ext.P2 and the various grounds raised in the writ petition, hear the
petitioner as well as the 3rd respondent and take a correct and just
decision at the earliest and at any rate within one month of receiving a
copy of this judgment. The 3rd respondent is informed that all the
constructions which are presently being made will be subject to the
orders to be passed by the Municipality on Ext.P1. The petitioner is
also directed to serve a copy of this judgment on the 3rd respondent
WPC No.27562/2007 2
by Registered Post with Acknowledgment Due immediately. If the
Municipality has already issued any stop memo to the 3rd respondent,
the Municipality will ensure that the above stop memo is obeyed in all
respects by the 3rd respondent.
PIUS C. KURIAKOSE,
JUDGE.
Dpk