Kerala High Court
WP(C)/5844/2025 of VINOD, Vs MANNARKKAD MUNICIPALITY, on 3 April 2025
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,
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WP(C) NO. 5844 OF 2025
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:
MANNARKKAD MUNICIPALITY,
MANNARKKAD -1, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 678582
THE MUNICIPAL COUNCIL,
MANNARKKAD MUNICIPALITY MANNARKKAD-1,
PALAKKAD DISTRICT
REPRESENTED BY ITS CHAIRMAN,
PIN - 678582
THE ASSISTANT EXECUTIVE ENGINEER,
PWD (ROADS), MANNARKKAD, PALAKKAD,
PIN - 678582
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WP(C) NO. 5844 OF 2025
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:
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WP(C) NO. 5844 OF 2025
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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
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
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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