IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 8^TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945 WP(C) NO. 28579 OF 2023 PETITIONER:

NAZARUDHEEN T.V AGED 57 YEARS S/O. THAJUDHEEN, RAZIYAS HOUSE, KAITHAPOLA PURAYIDAM, POWER HOUSE WARD, ALAPPUZHA NORTH P.O, ARYAD SOUTH, ALAPPUZHA, PIN – 688007 BY ADVS.

BOBY THOMAS WINSTON K.V RESPONDENTS:

1 THE ALAPPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, ALAPPUZHA MUNICIPAL OFFICE, CCSB ROAD, KODIVEEDU, ALAPPUZHA, PIN – 688001

2 THE SECRETARY ALAPPUZHA MUNICIPALITY, ALAPPUZHA MUNICIPAL OFFICE, CCSB ROAD, KODIVEEDU, ALAPPUZHA, PIN – 688001 BY ADV R.AZAD BABU STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(C).No.28579 of 2023 ---------------------------------------

Dated this 8^th day of September, 2023

JUDGMENT

Petitioner is residing in 00.73 Ares of land in Block No.39 of resurvey No.77 of Aryad South Village, Alappuzha District. In the residential building constructed by him, numbered as 47/415, petitioner is alleged to have carried out certain illegal constructions. The nature of construction is stated to be four pillars and truss work for laying roofing sheets. Alleging that the construction is unauthorised, a stop memo was issued by the 2^nd respondent on 16.08.2022, pursuant to which Ext.P3 order was issued on 22.10.2022, directing the petitioner to remove the illegal construction.

2. According to the petitioner, though the construction is not illegal and is only in the nature of a temporary structure, he had, filed an application for regularisation of the same by applying for a permit for the said construction as per Ext.P4 dated 24.05.2023. Despite petitioner applying for regularising the alleged illegal construction by applying for the permit, respondents have proceeded to initiate coercive action to implement Ext.P3 and hence, this writ petition. 3. I have heard Sri. Boby Thomas, the learned counsel for the petitioner and Sri. R.Azad Babu, the learned Standing counsel for the respondent Municipality.

4. The nature of construction allegedly carried out by the petitioner is stated to be four pillars constructed over the existing residential building and also raised a truss work on top of the building to lay roofing sheets. On being intimated by Ext.P3 to remove the illegal structure, petitioner has applied before the Municipality for grant of permit as a measure of regularisation by Ext. P4 dated

24.05.2023.

5. Since respondents admit that, Ext.P4 has been received and the same is under process, I am of the view that, coercive action pursuant to Ext.P3 ought to be kept in abeyance for a limited period of time to enable the Municipality to process Ext.P4 application. If in the meantime, the structures are demolished, petitioner could be put in prejudice, especially since the alleged construction is stated to be in the form of a roofing provided for the existing residential building. 6. In view of the above, I direct the respondent Municipality to keep in abeyance the coercive proceedings pursuant to Ext.P3 and process Ext.P4 application for regularisation of permit for the construction already carried out as expeditiously, as possible at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. Appropriate action to be initiated or not will depend on the outcome of the decision on Ext.P4. The parties are at liberty to initiate action if required, thereafter. Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/08.09.23.

APPENDIX OF WP(C) 28579/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.02.2023 ISSUED BY THE VILLAGE OFFICER, ARYAD SOUTH VILLAGE, AMBALPUZHA TALUK, ALAPPUZHA DISTRICT IN RESPECT OF THE ABOVE PLOT.

Exhibit P2 THE TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 01.04.2022 ISS