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2025 DAILYLAW 3535 (KER)

VINOD, v. MANNARKKAD MUNICIPALITY,

WP(C)/5844/2025 · 2025-04-03

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26597 WP(C) NO. 5844 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 5844 OF 2025 PETITIONER: VINOD, AGED 53 YEARS S/O.BALAN, NADAKKAVIL HOUSE, ARAKURUSSI, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678582 BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K. RESPONDENTS: 1 MANNARKKAD MUNICIPALITY, MANNARKKAD -1, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 678582 2 THE MUNICIPAL COUNCIL, MANNARKKAD MUNICIPALITY MANNARKKAD-1, PALAKKAD DISTRICT REPRESENTED BY ITS CHAIRMAN, PIN - 678582 3 THE ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS), MANNARKKAD, PALAKKAD, PIN - 678582 2025:KER:26597 WP(C) NO. 5844 OF 2025 2 4 ATHIRA, D/O.CHANDRAN, PAKARAYIL HOUSE, PERINCHOLAM, MANNARKKAD PALAKKAD, PIN - 678582 BY ADV JAYARAM P, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26597 WP(C) NO. 5844 OF 2025 3 JUDGMENT The grievance of the petitioner, who is the owner in possession of a property having an extent of 15 cents comprised in Survey No.4/1, 4/3 and 4/4 which is situated in Mannarkkad Taluk, in Palakkad District is that, the 4th respondent had carried out certain illegal construction, including a septic tank, without obtaining any permission from the 1st respondent Municipality. Highlighting the grievances the petitioner submitted Exts.P4 and Ext.P5 complaints before the respondents 1 and 3. The limited prayer sought by the petitioner is to direct the said respondents to take a decision thereon within a timeframe. After hearing the learned Counsel for the petitioner, the learned Standing Counsel for the respondents 1 to 3 and learned Counsel for the 4th respondent, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 1st respondent shall ensure that the competent officer under the said respondent 2025:KER:26597 WP(C) NO. 5844 OF 2025 4 takes up Exts.P4 and P5 representations and appropriate decision is taken on the same, after hearing the petitioner and the 4th respondent. Necessary orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE scs 2025:KER:26597 WP(C) NO. 5844 OF 2025 5 APPENDIX OF WP(C) 5844/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.4159/2000 DATED 19-7-2000 OF SRO MANNARKKAD Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY DATED 8-11-2024 Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 29- 11- 2024 FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT Exhibit P4 P4:- TRUE COPY THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT DATED 29-1-2025 Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT DATED 6-2-2025