IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 19369 of 2010(U) -------------------------- PETITIONER: ------------- REJI CHERIYAN, S/O.CHERIYAN PHILIPOSE, AGED 43 YEARS, THUVAMPALLIL, PATHIYOOR, KAREELAKULANGARA.P.O, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. ALAPPUZHA MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, MUNICIPAL OFFICE, ALAPPUZHA-1. 3. ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA-1. 4. THE SECRETARY, ALAPPUZHA MUNICIPALITY, MUNCIPAL OFFICE, ALAPPUZHA-1. BY GOVT.PLEADER SMT.K.R.DEEPA FOR R1 ADV. SRI.M.K.CHANDRA MOHAN DAS,( SC) FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19369 of 2010 --------------------------------- DATED THIS THE 28th DAY OF JUNE, 2010 JUDGMENT The petitioner is the owner in possession of 82.34 Ares of garden land comprised in Survey Nos.26/14A and 27/8 of Mullackal Village, Ambalappuzha Taluk. The petitioner is constructing a building therein to start a hotel and permission was granted for the construction of a four-storeyed building as per Exhibit P2. Again to construct a five storeyed building, the petitioner filed an application and Exhibit P3 is the revised permission granted by the Municipality. Again the petitioner submitted an application for extension to construct seven floors along with a site plan. It is the case of the petitioner that the Secretary has neither refused nor allowed the application and while the matter was pending, alleging unauthorised construction, a notice has been issued as per Exhibit P5. The petitioner has filed Exhibit P6 in reply to Exhibit P5 notice. 2. Heard the learned Standing Counsel for the Municipality. It is pointed out that the Municipality has got serious objections with regard to the constructions made by the W.P.(C)No.19369/10 -2- petitioner and several notices were issued earlier also. It is pointed out that a portion of the building that was constructed has collapsed and after considering all these aspects that Exhibit P5 notice has been issued. 3. This Court while admitting the Writ Petition passed an order to the effect that further action pursuant to Exhibit P5 will be kept in abeyance for a period of one week. It is pointed out by the learned counsel for the Municipality that under the cover of the interim order passed by this Court, the petitioner has started construction of the building which cannot be permitted. 4. Exhibit P5 is a stop memo issued by the Municipality. The same is not a final order. Exhibit P6 is an explanation offered by the petitioner in this regard before the Secretary of the Municipality. Therefore, it is upto the Secretary of the Municipality to finalise the proceedings after considering all aspects and the explanation offered by the petitioner. The petitioner will also appear before the Secretary for a personal hearing. 5. Therefore the Writ Petition is disposed of directing the Secretary of the Municipality to take a decision on Exhibit P6 in W.P.(C)No.19369/10 -3- accordance with law after hearing the petitioner within a period of three weeks from today. In the meanwhile, the petitioner will not continue with the construction. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn