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.
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W.P(C).No.14497 & 18355 OF 2009
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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.