Muhammed Ayub vs Nilambur Municipality

Citation : 2021 Latest Caselaw 566 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Muhammed Ayub vs Nilambur Municipality on 7 January, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.26258 OF 2020(F)


PETITIONER:

               MUHAMMED AYUB
               AGED 59 YEARS
               S/O LATE V P MOHAMMED @ CHERIYAPPU HAJI,
               VALIYAPEEDIAKKAL, ERANJIKODE P O,
               EDAVANNA VILLAGE,
               ERANAD TALUK,
               MALAPPURAM DISTRICT.

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        NILAMBUR MUNICIPALITY
               MUNICIPAL OFFICE, NILAMBUR,
               MALAPPURAM DISTRICT, PIN-676542.
               REPRESENTED BY ITS SECRETARY.

      2        THE SECRETARY
               NILAMBUR MUNICIPALITY, MUNICIPAL OFFICE, NILAMBUR,
               MALAPPURAM DISTRICT, PIN-676542.

               R1-2 BY SHRI.GEORGE SEBASTIAN, SC, NILAMBUR
               MUNICIPALITY


               ADV. SRI.S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26258 OF 2020(F)

                               2


                            JUDGMENT

Dated this the 7th day of January 2021 The petitioner obtained a building permit from Nilambur Panchayat. The petitioner constructed a building. Thereafter, it appears that the petitioner submitted an application for regularisation as evident from Ext.P3 acknowledgment. The petitioner also made representation by Ext.P4 for expeditious consideration of regularisation application and assign building number. On account of non- consideration,the petitioner approached this Court.

Having heard the learned counsel WP(C).No.26258 OF 2020(F) 3 for the petitioner and the learned counsel for he Municipality, I am of the view that the application submitted by the petitioner requires immediate attention. The 2nd respondent shall take an appropriate action on the application within a period of thirty days.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE SAS/07/01/2021 JUDGE WP(C).No.26258 OF 2020(F) 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 2.8.2003 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER WHICH IS VALID UP TO 31.03.2011.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 4.5.2018 IN WPC NO.6219/2017 OF THIS HONOURABLE COURT. EXHIBIT P3 TRUE COPY OF RECEIPT NO.9371/2018 DATE4D 10.05.2018 ISSUED BY THE SECOND RESPONDENT ON BEHALF OF FIRST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REMINDER DATED 15.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 16.11.2019 REGARDING RECEIPT OF REMINDER DATED 15.11.2019.

RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE