IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940 WP(C).No. 35776 of 2018 PETITIONERS:

SHINE KURIAN, AGED 47 YEARS S/O T.K. KURIAN, THAIPRAMBIL HOUSE, MARIYAPPALLI P.O., KOTTAYAM DISTRICT -

686013.

BY ADVS.

SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.ARUN BOSE SRI.B.BIPIN SRI.R.REJI RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -

695001.

2 THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA STATE- 695 001.

3 THE ASSISTANT EXECUTIVE ENGINEER, P.W.D ROADS SUB DIVISION, KOTTAYAM- 686001.

4 THE DISTRICT TOWN PLANNER, OFFICE OF THE TOWN PLANNER, ST.ANTONY COMPLEX, NAGAMPADAM, KOTTAYAM- 686 001.

5 THE DISTRICT COLLECTOR, COLLECTORATE P.O., KOTTAYAM, PIN- 686002.

6 KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, PIN- 686 002, REPRESENTED BY ITS SECRETARY.

7 THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, PIN- 686 002.

8 RAJU, AGED 60 YEARS S/O.C.C.JOHN, PULICKEL HOUSE, PUTHENANGADI, KOTTAYAM DISTRICT, PIN- 686 001.

SR GP PM MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed by the petitioner, seeking the following reliefs:

i) “To issue a writ of mandamus or any other appropriate writ or order directing the respondents to take further steps pursuant to Exhibit P4 and P6 and to take emergent steps to curb the illegal functioning of the hotel runned by the 8^th respondent.

ii) to issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.”

2. Case of the petitioner is that, petitioner is resident within the limits of the Kottayam Municipality. A construction is carried out by the 8^th respondent, without securing necessary permit from the Secretary of the Municipality, and is conducting a Hotel in the said premises, without securing necessary clearances and licences as are required under law. Thereupon, petitioner has submitted complaints before various statutory authorities, right from the State Government onwards, and a copy is marked to the Secretary of the Municipality, evident from Ext.P3. Apparently, on the basis of the complaints submitted before the Town Planer, certain actions were initiated, evident from Exts.P4 and P6.

3. Having heard learned counsel for the petitioner, learned Standing Counsel for the Municipality, and the learned Government Pleader, I am of the considered opinion that, the writ petition can be disposed of with appropriate directions. There will be a direction to the 7^th respondent, to issue notice to the petitioner as well as the 8^th respondent, if already notice is not issued, and attain finality to Ext.P3 complaint submitted by the petitioner, after providing an opportunity of hearing to both parties, at the earliest and at any rate, within two months from the date of receipt of a copy of this judgment. petitioner is directed to produce copy of the writ petition along with the documents before the 7^th respondent, for appropriate action .

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE PR/03.11.2018 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED DATED

07.12.2013.

EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL HOTEL SHOP ROOM.

EXHIBIT P2 B TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL HOTEL SHOP ROOM.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED

24.02.2018.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION BEARING NO.L/473/2018 DATED 27.04.2018 OBTAINED UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P5 TRUE COPY OF THE INFORMATION OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT DATED 30.06.2018.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED

04.08.2018 SENT BY THE CHIEF TOWN PLANNER TO THE SECRETARY, KOTTAYAM MUNICIPALITY.