2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 27941 OF 2023 PETITIONER: JAMALUDHEEN P.P., AGED 56 YEARS, S/O. ABOOBACKER, PANTHAL PARAMBIL, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. BY ADVS. M/S.C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD, ISTINAF ABDULLAH, KEERTHI JAYAKUMAR, MUHAMMED AMEEN & T.H.RAIHANATH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN – 695003. 3 VALANCHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 4 THE SECRETARY, VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 2 5 THE MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 6 MR. MOOSAKUTTY T.P., S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL HOUSE, KOLAMANGALAM, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 7 MR. MOIDEENKUTTY T.P., S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL HOUSE, KOTTARAM, T.T.C.ROAD, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. SRI. MILLU DANDAPANI, SC GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, ALONG WITH WP(C).NO.18920/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 18920 OF 2024 PETITIONER: MOHAMMED MUSTHAFA, AGED 46 YEARS, S/O. ENI, KALAPPULAN HOUSE, KOLAMANGALAM, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. BY ADVS. M/S.C.M.MOHAMMED IQUABAL, P.ABDUL NISHAD, ISTINAF ABDULLAH, ANGEL MARY GEORGE, T.H.RAIHANATH & MUHAMMED AMEEN RESPONDENTS: 1 VALANCHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 2 THE SECRETARY, VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE, VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 3 THE MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN, VALANCHERRY MUNICIPALITY, MUNICIPAL OFFICE,VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 4 MR. MOOSAKUTTY T.P., S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL HOUSE, KOLAMANGALAM,VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 4 5 MR. MOIDEENKUTTY T.P., S/O. PALLIYALIL MUHAMMED, THOTTEKKARA PALLIYALIL HOUSE, KOTTARAM, T.T.C.ROAD,VALANCHERRY P.O., MALAPPURAM DISTRICT, PIN – 676552. SRI. MILLU DANDAPANI, SC ADV. SRI.K.M SATHYANATHA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, ALONG WITH WP(C).NO.27941/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 5 MOHAMMED NIAS C. P. , J. ========================================= W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 ========================================= Dated this the 27th day of March, 2025 J U D G M E N T WP(C) No. 27941/2023 is filed with the following prayers: “a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 3rd respondent to take steps to implement the project covered by Ext. P3 document or to take over the land covered by Ext. P3 agreement to construct bus station in Valancherry Town. b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Ext. P7 representation filed by the petitioner, within a time stipulated by this Hon'ble Court. c) Pass an order dispensing with the production of the English Translation of the documents in Vernacular language at the time of filing the writ petition. and d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.” 2. WP(C) No. 18920/2024 is filed for a direction to respondents 1 to 3 to implement Ext.P1 agreement which also deals with the same subject matter as in Ext.P3 in WP(C) No. 27941/2023. 3. A counter affidavit has been filed on behalf of the Valanchery Municipality, which reads as follows: 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 6 “...........The averment that this respondent has abandoned the project in association with respondent 6 and respondent 7 and has now caused issuance of Ext.P6 as a fresh project is incorrect. It is humbly submitted that the 3rd respondent has not abandoned the construction of the bus stand and has taken all measures and was proactive in getting the bus stand constructed. The 3rd respondent remains committed to the completion of the bus stand. It was only due to the lackadaisical approach of respondents 6 and 7 that the bus stand has not been completed. Therefore, the allegations that the 3rd respondent purposefully abandoned the project and has not taken any steps to see that the bus stand is constructed as per Ext.P3 agreement are absolutely wrong and misleading.” 4. The above statements of the Secretary of the Municipality in the counter affidavit are recorded. 5. In view of the above stand of the Municipality denying the allegations made by the writ petitioner and that, they are committed to the completion of the bus stand, no further orders are required to be passed in these writ petitions. The writ petitions are disposed of as above. Sd/- MOHAMMED NIAS C. P., JUDGE MMG 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 7 APPENDIX OF WP(C).NO.27941/2023 PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.33588/2006 OF THIS HON’BLE COURT DATED 20.04.2007 EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE AFFIDAVIT OF THE RESPONDENTS 6 AND 7 DATED 28.04.2007 EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT BETWEEN THE 5TH RESPONDENT AND THE RESPONDENTS 6 AND 7 DATED 10.05.2007 EXHIBIT P4 THE TRUE COPY OF THE AGREEMENT BETWEEN THE 5TH RESPONDENT AND THE RESPONDENTS 6 AND 7 DATED 07.02.2011 EXHIBIT P5 THE TRUE COPY OF THE AGREEMENT BETWEEN THE 5TH RESPONDENT AND THE RESPONDENTS 6 AND 7 DATED 17.08.2011 EXHIBIT P6 THE TRUE COPY OF THE NOTICE PUBLISHED BY THE MUNICIPALITY IN CHANDRIKA DAILY DATED 05.08.2023 EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.08.2023 2025:KER:26493 W. P. (C) Nos. 27941 of 2023 & 18920 of 2024 8 APPENDIX OF WP(C).NO.18920/2024 PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT BETWEEN THE 3RD RESPONDENT AND THE RESPONDENTS 4 AND 5 DATED 10.05.2007 EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.33588/2006 OF THIS HON'BLE COURT DATED 20.04.2007 EXHIBIT P3 THE TRUE COPY OF THE NOTICE PUBLISHED BY THE MUNICIPALITY IN CHANDRIKA DAILY DATED 05.08.2023 EXHIBIT P4 THE TRUE COPY OF THE INTERIM ORDER IN W.P. (C).NO.27941/2023 OF THIS HON'BLE COURT DATED 12.10.2023 EXHIBIT P5 HE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY DATED 06.05.2024