Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 27TH DAY OF SEPTEMBER 2019 / 5TH ASWINA, 1941 PETITIONERS: 1 V.SATHYADEVAN, AGED 69 YEARS S/O VAUSEVAN, RETIRED GOVERNMENT SERVANT, SUNETHRA, CHRUKUNNAM , VARKALA P.O.PIN 695 141. 2 B.SUGATHAN, AGED 71 YEARS S/O P.BHANU, RETIRED GOVERNMENT SERVANT, SREENILAYAM, GOODS SHED ROAD, CHERUKUNNAM, VARKALA, PIN 695 141. BY ADV. SRI.R.GOPAN RESPONDENTS:
1 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001. 2 THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, NANDANCODE, THIRUVANANTHAPURAM-695 001. 3 THE SECRETARY, VARKALA MUNICIPALITY, TEMPLE ROAD, VARKALA P.O. THIRUVANANTHAPURAM-695 141. 4 THE DEPUTY SUPERINTENDENT OF POLICE, VARKALA, THIRUVANANTHAPURAM-695 141. 5 THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA P.O.PIN 695 141. 6 SREE NARAYANA DHARMA SANGHAM TRUST, VARKALA,REPRESENTED BY ITS PRESIDENT,SWAMI VISUDHANANTHA - 695 001. SRI.V.RENJITH KUMAR, SC. SRI.V.JAYAPRADEEP SMT.ANN SUSAN GEORGE SMT.K.AMMINIKKUTTY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.09.2019, ALONG WITH WP(C).4388/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners have filed this writ petition seeking that Ext.P11 order of the Secretary of the Varkala Municipality be directed to be implemented; and for a further direction to respondents 4 and 5 to ensure that the sixth respondent is not proceeding with any illegal construction in the property, comprised of in Re.Sy.No.91 of the Varkala Village.
2. Even though there are various allegations and averments involved in this writ petition, when this matter was called today, the learned counsel appearing for the sixth respondent submits that subsequent to Ext.P11, Ext.R6(7)
order had been issued by the Varkala Municipality, which was
challenged by his client before the Tribunal for Local Self Government Institutions in an appeal, numbered as Appeal No.245/2019, in which Ext.R6(6) interim order has been issued. He, therefore, asserts that this writ petition has become infructuous and that it may be closed.
3. The learned standing counsel for the Municipality does
not dispute the afore submissions made on behalf of the sixth respondent and confirms that the appeal before the Tribunal is still pending. He also prays that this writ petition be dismissed.
4. There is no representation for the petitioners and
therefore, I am unable to obtain their version as to whether the afore submissions are accurate or otherwise. However, since the submissions have been made before this Court by responsible counsel, I see no reason to disbelieve them, particularly because Ext.R6(6) order clearly indicates that the matter is now pending before the Tribunal for Local Self Government Institutions. In the afore circumstances, I close this writ petition without entering into the merits of any of the contentions of the rival parties, but leaving them full liberty to pursue all of such before the Tribunal, when Appeal No.245/2019 is disposed of by it. I also direct the Tribunal to deal with the appeal without being trammeled by these proceedings or by any of the observation in this judgment.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE ORDER GO(P) NO 37/91/LAD DATED 19.1.1991 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 PHOTOCOPY OF THE ORDER GO(RT) NO 1304/2015/PWD DATED 8.9.2015 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 PHOTOCOPY OF THE ROUGH LOCATION PLAN ISSUED BY THE TOWN PLANNING SCHEME BELONG TO 6TH RESPONDENT EXHIBIT P4 PHOTOCOPY OF THE BTR REGISTER IN BLOCK NO 187 SURVEY NO 2641 OF VARKALA TALUK EXHIBIT P5 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 19.11.2018 EXHIBIT P5 A PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.11.2018 EXHIBIT P6 PHOTOCOPY OF THE STOP MEMO ISSUED BY THE MUNICIPAL OFFICE, VARKALA DATED 22.11.2018 WITH TYPED COPY EXHIBIT P7 PHOTOCOPY OF THE NOTICE DATED 26.11.2018 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P8 PHOTOCOPY OF THE COMPLAINT DATED 29.11.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P8 A PHOTOCOPY OF THE COMPLAINT DATED 29.11.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 B PHOTOCOPY OF THE COMPLAINT DATED 29.11.2018 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P9 PHOTOCOPY OF THE REPRESENTATION DATED 3.12.2018 FILED BY THE PETITIONERS BEFORE THE 2ND EXHIBIT P9 A PHOTOCOPY OF THE REPRESENTATION DATED 3.12.2018 FILED BY THE PETITIONERS BEFORE THE 3RD EXHIBIT P9 B PHOTOCOPY OF THE REPRESENTATION DATED 3.12.2018 FILED BY THE PETITIONERS BEFORE THE 4TH EXHIBIT P10 PHOTOGRAPH OF THE ILLEGAL CONSTRUCTION EXHIBIT P11 PHOTOCOPY OF THE ORDER DATED 5.12.2018 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P12 PHOTOCOPY OF THE JUDGMENT DATED 19.12.2018 IN WPC NO 41206/2018 OF THIS HONOURABLE COURT EXHIBIT P13 PHOTOCOPY OF THE REPRESENTATION DATED 18.1.2019 FILED BY THE PETITIONERS BEFORE THE 3RD EXHIBIT P14 PHOTOGRAPH OF THE ILLEGAL CONSTRUCTIONS CONTINUED BY THE 6TH RESPONDENT RESPONDENT'S EXHIBITS: EXHIBIT R2 A THE TRUE COPY OF THE LETTER NO.PW.2 B.A./368/16-17 DATED TO THE DIVISIONAL OFFICER, FIRE FORCE HEADQUARTERS. EXHIBIT R2 B THE TRUE COPY OF THE LETTER NO.D/525/2017/K.DIS. DATED EXHIBIT R2 C TRUE COPY OF THE LETTER NO. PW2-B.A./368/16-17 DATED 25/03/2017 SENT BY THE SECRETARY OF THE 2ND RESPONDENT MUNICIPALITY TO THE TOWN PLANNER. EXHIBIT R2 D THE TRUE COPY OF THE LETTER NO.D/781/2017/L.DIS. DATED 10/04/2017. EXHIBIT R2 E THE TRUE COPY OF THE LETTER NO.PW2-13871/18 DATED 26/11/2018 SENT BY THE SECRETARY OF THE 2ND RESPONDENT MUNICIPALITY TO THE SUB INSPECTOR OF POLICE, VARKALA. EXHIBIT R2 F THE TRUE COPY OF THE ORDER NO.PW2-13871/18 DATED 05/12/2018. EXHIBIT R2 G THE TRUE COPY OF THE JUDGMENT DATED 19/12/2018 IN WPC NO.41206/2018. EXHIBIT R2 H THE TRUE COPY OF LETTER NO.R.A.1/596/2018/L.S.G.D. DATED RECEIVED BY THE MUNICIPALITY ON 21/02/2019.
EXHIBIT R6(1) COPY OF THE APPLICATION DATED 14/02/2017. EXHIBIT R6(2) COPY OF THE FIRE AND SAFETY CLEARANCE CERTIFICATE DATED EXHIBIT R6(3) COPY OF THE LETTER DATED 12/05/2017. EXHIBIT R6(4) COPY OF THE LETTER ISSUED BY THE ADDITIONAL TAHASILDAR,
VARKALA, DATED NIL. EXHIBIT R6(5) COPY OF THE WRITTEN REQUEST DATED 13/04/2018. EXHIBIT R6(6) COPY OF THE ORDER DATED 02/04/2019 OF LSGD TRIBUNAL, THIRUVANANTHAPURAM IN IA 571/19 IN APPEAL NO.245/2019. EXHIBIT R6(7) COPY OF THE ORDER PW2-13871/18 DATED 25/03/2019 ISSUED BY R3. //TRUE COPY// P.A TO JUDGE.