Sony Kurian vs Kerala State Housing Board on 26 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13186 of 2009(P)


1. SONY KURIAN, AGED 48,
                      ...  Petitioner

                        Vs



1. KERALA STATE HOUSING BOARD,
                       ...       Respondent

2. THE EXECUTIVE ENGINEER,

3. CHANGANSSSERY MUNICIPALITY,

4. ABDUL KALAM, SON OF SAYED MOHAMMED,

                For Petitioner  :SRI.P.K.RAVINDRAN PUZHANKARA

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice V.GIRI

 Dated :26/05/2009

 O R D E R
                         V.GIRI, J.
               ------------------------------------
                 W.P.(C).No.13186 of 2009
               ------------------------------------
            Dated this the 26th day of May, 2009


                        JUDGMENT

Heard Mr.P.K.Ravindran Puzhankara, learned

counsel for the petitioner, Mr.Siby Mathew, learned counsel

for the Municipality and Mr.Madhavankutty for the Housing

Board.

2. The petitioner is aggrieved by the construction

being made by the 4th respondent in a housing colony

established by the Housing Board. According to the

petitioner, an Arabic College is being established in a

housing colony. This should not have been permitted by

the Housing Board or Municipality, it is contended. There

is also a challenge to Ext.P5 permit issued by the

Municipality.

3. The petitioner is entitled to challenge Ext.P5

before the Local Self-Government Department. But,

according to the petitioner, he came to know of Ext.P5 only

recently and representations were also sent to the

Municipality as evidenced by Ext.P6.

W.P.(C).No.13186 of 2009

:: 2 ::

4. I am of the view that the petitioner should be

permitted to prosecute an appeal against Ext.P5.

5. Accordingly, it is directed that if the petitioner

files an appeal against Ext.P5 within one month from today

before the tribunal, the Tribunal shall treat the same as

one presented before the Tribunal within time and proceed

to dispose of the same on merits, after hearing the

Housing Board, the Municipality and the 4th respondent,

within two months from the date of receipt of the appeal.

It is open to the petitioner to move the Tribunal for

appropriate interim orders as well.

The writ petition is disposed of as above.

Sd/-

(V.GIRI)
JUDGE
sk/
//true copy//

P.S. to Judge