RAJAMMA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court impugning Ext.P19 Minutes issued by the Additional Chief Secretary of the Government of Kerala and the consequential Exts.P20 and 23 orders issued by the Authorised Committee- constituted under the provisions of Ext.P17 of the Kerala Municipality Building (Regularisation of Unauthorised Construction) Rules, 2018 ((hereinafter referred to as 'the Rules' for short)-as being illegal and unlawful.

(2.) According to the petitioner, the contesting parties in this case were involved in an earlier Writ Petition, namely WP(C)No.29972/2019, in which, a judgment had been delivered on 16.11.2019, a copy of which has been produced by the 9th respondent herein as Ext.R9(a), along with his counter pleadings. She says that even though the judgment was delivered on 16.11.2019 with certain specific directions, after noticing an earlier order issued by the Committee constituted under the provisions of the aforementioned Rules, Ext.P19 Minutes was issued by the Additional Chief Secretary holding that the order of the Authorised Committee, which had been noticed in Ext.R9(a) judgment, was in error and that the said Committee must review the said order.

(3.) The petitioner says that, consequently, merely based on the directions in Ext.P19, Exts.P20 and P23 were issued by the Committee without looking into any of the relevant aspects and virtually reviewing their own directions which had been issued earlier, thus removing the edifice of the factual circumstances that had lead to Ext.R9(a) judgment. She says that Ext.P19 is a laconic order and that the Chief Secretary has merely stated therein that he finds that the directions of the Authorised Committee, earlier issued, to be beyond their jurisdiction. She says that there is absolutely no reasoning in Ext.P19 and therefore, prays that the said order may not be granted approval by this Court; and consequently that Exts.P19, P20 and P23 be set aside.