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2025 Supreme(Online)(Ker) 12475
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MUHAMMED HANEEFA. M – Appellant
Versus
SECRETARY – Respondent
WP(C) 18001/2025
The court mandated the municipal corporation to promptly address the petitioner's application regarding the drain covering, emphasizing administrative responsibility.
Headnote:(A) Municipal Corporation Act - The court addressed the issue of the refusal by the municipal corporation to cover a drain in front of the petitioner's property. (Para 1)
(B) Administrative Discretion - The court emphasized the need for the competent authority to consider the petitioner's application expeditiously. (Para 2)
Facts of the case:
The petitioner filed a complaint regarding the refusal to cover a drain, supported by a petition signed by 91 residents.
Findings of Court:
The court directed the municipal corporation to consider the application within three weeks and maintain status quo until then.
Issues: The main issue was the refusal of the municipal corporation to address the drain covering request.
Ratio Decidendi: The court ruled that the municipal corporation must act on the petitioner's application promptly, highlighting the importance of administrative responsibility.
Result: Writ petition disposed of.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947 WP(C) NO. 18001 OF 2025 PETITIONER:
MUHAMMED HANEEFA. M AGED 53 YEARS MANATTIL HOUSE,CHETTUM KUZHI PADAM, CHERUVANNUR, P.O FEROKE, KOZHIKODE, PIN – 673 631 BY ADVS.
P.E.SAJAL FATHIMA RINSHA T.P.
MUHAMMED HISHAM T.
RESPONDENTS:
1 SECRETARY KOZHIKODE MUNCIPAL CORPORATION,CALICUT BEACH, NEAR AKASHVANI, KOZHIKODE DT, PIN – 673 032
2 EXECUTIVE ENGINEER KOZHIKODE MUNCIPAL CORPORATION, CALICUT BEACH, NEAR AKASHVANI, KOZHIKODE DT, PIN – 673 032
3 ASSISTANT ENGINEER KOZHIKODE MUNCIPAL CORPORATION,CALICUT BEACH, NEAR AKASHVANI, KOZHIKODE DT, PIN – 673 032 BY ADV BINDUMOL JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARISANKAR V. MENON, J ---------------------------------------------------
WP(C) No.18001 of 2025 --------------------------------------------------
Dated this the 09th day of May 2025
JUDGMENT
The dispute in this writ petition is with reference to the alleged refusal on the part of the respondents in covering a drain in front of the petitioner’s property. The learned counsel for the petitioner Sri.Sajal submitted that Ext.P3 application is filed before the respondent Corporation pointing out the afore grievance.
Having considered the submissions made by the learned counsel for the petitioner as well as the learned counsel for the respondent Corporation, this writ petition would stand disposed of directing the competent authority of the respondent Corporation to consider and pass orders on Ext.P3 filed by the petitioner as expeditiously as possible, at any rate within a period of three weeks from today. Taking note of the photographs at Ext.P5, the parties to maintain status quo till final disposal of Ext.P3.
Sd/-
HARISANKAR V. MENON JUDGE sn APPENDIX OF WP(C) 18001/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION SIGNED BY 91 RESIDENTS DATED 21.2.2024 Exhibit P2 TRUE COPY OF THE REPLY ISSUED BY THE CORPORATION DATED 20.6.2024 Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY PETITIONER DATED 30.4.2025 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 5.5.2025 Exhibit P5 THE PHOTOGRAPHS OF THE WORKS
