High Court Kerala High Court

Valsa Jose vs Palghat Municipality on 1 June, 2010

Kerala High Court
Valsa Jose vs Palghat Municipality on 1 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16801 of 2010(A)


1. VALSA JOSE,W/O.M.O.JOSE,
                      ...  Petitioner

                        Vs



1. PALGHAT MUNICIPALITY, MUNICIPAL OFFICE,
                       ...       Respondent

2. THE SECRETARY, PALGHAT MUNICIPALITY,

3. ASHOK KUMAR, VIPIN NIVAS(23),

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :01/06/2010

 O R D E R
                       T.R. Ramachandran Nair, J.
                    - - - - - - - - - - - - - - - - - - - - - - - -
                      W.P.(C) No.16801 of 2010-A
                    - - - - -- - - - - - - - - - - - - - - - - - - - -
                 Dated this the 1st day of June, 2010.

                                  JUDGMENT

The petitioner is aggrieved by the stop memo issued by the

Municipality as per Ext.P1. The same is passed on the basis of a complaint

filed by the third respondent. The petitioner contends that the property was

purchased as per Ext.P2 registered sale deed and thereafter mutation was

effected and the petitioner is in ownership and possession of the property

which is supported by Ext.P3 tax receipt produced by the petitioner. Ext.P5

is the building permit issued by the Secretary of the Municipality and

thereafter the petitioner started construction of a residential house as per the

approved plan.

2. On issuance of Ext.P1, the petitioner applied for a copy of the

complaint and the same has been produced as Ext.P6. It appears that the

complaint raised therein is that the area wherein the petitioner is

constructing a residential building, is one earmarked for a playground as

per the approved lay out of the Ayodhya Nagar Housing Colony. Ext.P7 is

the objection submitted by the petitioner before the Municipality. It is

submitted that no further orders have been passed so far, which has

wpc 16801/2010 2

prevented the petitioner from continuing with the construction.

3. Heard learned Standing Counsel for the Municipality.

4. It is submitted that a decision will be taken by the Secretary of the

Municipality after hearing the petitioner and the third respondent,

expeditiously, and at any rate, within a period of one month from the date

of receipt of a copy of this judgment. The same is recorded.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/