RAJESH RAJENDRAN v. STATE OF KERALA,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-30. RAJESH RAJENDRAN v. STATE OF KERALA,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MOHAMMED NIAS C. P. th TUESDAY, THE 30 DAY OF JULY 2024 / 8TH SRAVANA, 1946 WP(C) NO. 1615 OF 2023 PETITIONERS: RAJESH RAJENDRAN AGED 47 YEARS 1 S/O. LATE M. P. RAJENDRAN, "GIFT HOUSE", MARKET ROAD VATAKARA, KOZHIKODE DISTRICT, PIN - 673101 GEETHA RAJENDRAN, AGED 70 YEARS 2 W/O. LATE M. P. RAJENDRAN, "GIFT HOUSE", MARKET ROAD VATAKARA, KOZHIKODE DISTRICT, PIN - 673101 BY ADVS. K. SHIBILI NAHA A. LOWSY NIVEA K. G. RESPONDENTS: STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF 1 GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 VATAKARA MUNICIPALITY, 2 REPRESENTED BY ITS SECRETARY, VATAKARA, KOZHIKODE, PIN - 673101 THE SECRETARY, 3 VATAKARA MUNICIPALITY, VATAKARA, KOZHIKODE DISTRICT, PIN - 673101 RAGAVAN, AGED 81 YEARS 4 S/O. CHAATHU, MANGALYA TEXTILES, SHOP NO. 30/1084 VATAKARA, KOZHIKODE DISTRICT, PIN - 673101 BY ADVS. SHRI. T.
NAVEEN, SC, VADAKARA MUNICIPALITY SRINATH GIRISH P. JERIL BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 1615 of 2023 MOHAMMED NIAS C. P. , J. ========================== WP(C) No. 1615 of 2023 ========================== Dated this the 30th day of July, 2024 JUDGMENT The writ petition is filed for a prayer to consider Ext. P3 representation submitted alleging unauthorised construction by the fourth respondent. 2. The Municipality has filed a statement wherein it is stated that based on the representation filed, it had issued a provisional order dated 20. 06. 2023 under Section 406 (1) and (2) directing the 4th respondent to demolish the unauthorised construction. Later, an order was also passed on 16. 10. 2023 under Section 406 (3) of the Kerala Municipality Act, confirming the provisional order.
These orders are under challenge before the Tribunal for the Local Self Government Institution in Appeal No. 612/2023 filed by the 4th respondent, wherein the operation of the said orders are stayed by order dated 11. 12. 2023 in I. A No. 1703/2023. This is recorded. WP(C) No. 1615 of 2023 Needless to say, the Municipality will take further action based on the orders to be passed by the Tribunal. Nothing further remains to be considered in this Writ Petition, and the same is accordingly closed. Sd/- MOHAMMED NIAS C. P. JUDGE mus No. 1615 of 2023 OF WP(C) 1615/2023 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX ISSUED BY THE 3RD RESPONDENT DATED 29. 11. 2022 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX ISSUED BY THE 3RD RESPONDENT DATED 29. 11. 2022 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX ISSUED BY THE 3RD RESPONDENT DATED 29. 11. 2022 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX ISSUED BY THE 3RD RESPONDENT DATED 29. 11.
2022 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF BUILDING TAX ISSUED BY THE 3RD RESPONDENT DATED 29. 11. 2022 A TRUE COPY OF THE PHOTOGRAPHS DEPICTING THE LIE AND NATURE OF THE BUILDING TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 21. 12. 2022 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE HEALTH DEPARTMENT DATED 04. 01. 2023 TRUE COPY OF THE PROVISIONAL ORDER NO. TP-BA 27429/22 DATED 20-6-2023 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY . TRUE COPY OF THE CONFIRMATION ORDER NO. TPI- 27429/22 DATED 16-10-2023 ISSUED BY THE 2ND RESPONDENT MUNCIPALITY. TRUE COPY OF THE ORDER OF THE L. S. G. TRIBUNAL DATED 11-12-2023 IN I. A. NO. 1703/2023 IN APPEAL NO. 612/2023.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.