High Court Kerala High Court

Tomy Kurian vs Kottayam Municipality on 24 September, 2007

Kerala High Court
Tomy Kurian vs Kottayam Municipality on 24 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27846 of 2007(M)


1. TOMY KURIAN, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. KOTTAYAM MUNICIPALITY,
                       ...       Respondent

2. THE SECRETARY, KOTTAYAM MUNICIPALITY,

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.SIBY MATHEW

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :24/09/2007

 O R D E R
                           PIUS C. KURIAKOSE, J.
                              --------------------------
                         W.P.(C). NO. 27846 OF 2007
                                ---------------------
                  Dated this the 24th day of September, 2007

                               J U D G M E N T

Sri. Siby Mathew, learned Standing Counsel, seeks further time to

get instructions. Smt. K.S. Chandrika appearing on behalf of the petitioner

submits that it is on extraneous considerations that Ext.P4 stop memo has

been issued by the Municipality. Petitioner has also produced Ext.P5

photographs wherein other buildings having more height than the

petitioner’s building have been granted permission.

I do not propose to go into the merits of the matter. Ext.P4 is only a

stop memo. Petitioner and the Municipality will consider Ext.P4 as a show

cause notice only. Petitioner has already filed Ext.P6 representation before

the Municipality against Ext.P4. The Municipality will consider Ext.P4 in the

light of Ext.P6 and hear the petitioner and finalise Ext.P4. This the

municipality will do at its earliest and at any rate within 7 days of the

petitioner placing a copy of the judgment. Petitioner will approach the

Municipality and get information regarding the date of hearing.

The writ petition is disposed of as above.

PIUS C. KURIAKOSE, JUDGE

vps

K.R. UDAYABHANU, JUDGE

CRL.A. NOS.721/99 & 213/02

JUDGMENT

13TH SEPTEMBER, 2007

CRL.R.P.769/00

ORDER IN CRL.M.P. NO.4143/00 IN CRL.R.P.769/00

DISMISSED

13.9.07 SD/- K.R. UDAYABHANU, JUDGE

/TRUE COPY/

PA TO JUDGE.