N.Shanmughan vs Chittur Thathamangalam … on 4 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32970 of 2008(Y)


1. N.SHANMUGHAN,AGED 57 YEARS,
                      ...  Petitioner

                        Vs



1. CHITTUR THATHAMANGALAM MUNICIPALITY,
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,KSEB,

3. THE ASSISTANT EXECUTIVE ENGINEER,

4. THE SECRETARY TO GOVT, LOCAL SELF GOVT.,

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  :SMT.AMBIKA DEVI, SC, KWA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/03/2009

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.32970 OF 2008
              ----------------------------------------
                Dated this the 4th day of March, 2009

                            JUDGMENT

The petitioner claims to have constructed a building in

accordance with a building permit issued by the Municipality.

Proceedings were initiated against the petitioner for alleging

construction in violation of the Kerala Municipality Building Rules.

In respect of the same, the petitioner submitted an application

for regularisation of the construction which has been rejected by

the Municipality. Against the same, the petitioner submitted

Ext.P12 revision before the 4th respondent, under the Kerala

Municipality Building Rules. The petitioner would presently be

satisfied with a direction to the 4th respondent to consider and

pass orders on Ext.P12 expeditiously.

2. I have heard the learned counsel for the petitioner, the

learned Government Pleader and the learned counsel appearing

for the Kerala Water Authority as well as the learned counsel

appearing for the Municipality.

3. I am of opinion that this writ petition can be disposed

W.P.(c)No.32970/08 2

of with a direction to the 4th respondent to consider and pass

orders on Ext.P12 revision submitted by the petitioner .

Accordingly, this writ petition is disposed of with a

direction to the 4th respondent to consider and pass orders on

Ext.P12 as expeditiously as possible, at any rate, within a

period of two months from the date of receipt of a copy of this

judgment, after affording an opportunity of being heard to the

petitioner and respondents 1 and 3. The petitioner shall

forward a certified copy of this judgment along with a copy of

the writ petition to the 4th respondent for compliance.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.32970/08 3