WP(C) NO. 22647 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 22647 OF 2021
PETITIONER/S:
SHUBHA K.V.
AGED 68 YEARS
W/O LATE C.P.SHIVARAJ,
SHIVASHAKTI, KAKKAD POST,
KANNUR DISTRUCT-670005.
BY ADV DIPU JAMES
RESPONDENT/S:
1 THE MUNICIPAL CORPORATION OF KANNUR
CORPORATION OFFICE, KANNUR, KANNUR DISTRICT-670307,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY
MUNICIPAL CORPORATION OF KANNUR, CORPORATION OFFICE,
KANNUR DISTRICT, PIN-670307.
3 HEALTH SUPERVISOR
MUNICIPAL CORPORATION OF KANNUR, CORPORATION OFFICE,
KANNUR, KANNUR DISTRICT-670307.
4 DINOOP
S/O KUNJIKANNAN, MELVIN, POLICE NAGAR, KUZHITHULLI,
THAZHECHOVA, KANNUR DISTRICT, PIN-670007.
BY ADV SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22647 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.22647 of 2021
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Dated this the 1st day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i) To call for records leading to Ext P3 and quash the same and all consequential proceedings by issuing a writ of certiorari or any other appropriate writ, order or direction.
ii) To grant such other reliefs in favour of the petitioner as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case." [SIC]
2. This writ petition is filed challenging Ext.P3 order passed by the 1st respondent-Corporation. The main grievance of the petitioner is that the notice is not given to all the legal heirs of the deceased owner of the property. Therefore, Ext.P3 is unsustainable.
3. Heard.
4. It is true that a perusal of Ext.P3 will show that the WP(C) NO. 22647 OF 2021 3 notice is issued to the legal heirs. It is also true that the notice issued to the 4th respondent in this writ petition is not returned after service. The way in which this writ petition is going to be disposed, I think, the presence of 4 th respondent is not necessary. If the 4th respondent is aggrieved by the judgment, he is free to approach this Court with a review petition.
5. The main grievance is that Ext.P3 is issued without giving notice to all the legal heirs of the deceased owner of the building. If that is the case, Ext.P3 can be set aside and there can be a direction to the Corporation to issue notice to all the legal heirs of the deceased owner of the building and thereafter, proceed in accordance to law.
Therefore, this writ petition is disposed of with the following directions :
1) Ext.P3 is set aside.
2) The 1st and 2nd respondents are directed to issue fresh notice to all the legal heirs of the deceased owner of the building and thereafter, proceed in accordance with law.WP(C) NO. 22647 OF 2021 4
3) Till final orders are passed as directed above, the status quo as on today shall be maintained.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 22647 OF 2021 5 APPENDIX OF WP(C) 22647/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DEATH CERTIFICATE HAVING REGISTRATION NO.413/2020 ISSUED BY CHEMBILODE GRAMA PANCHAYATH.
Exhibit P2 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE HAVING NO.K.DIS 8344/2021/B1 DATED 27.10.2020 ISSUED BY THE TAHSILDAR, KANNUR.
Exhibit P3 TRUE COPY OF ORDER NO.E3/20471/20 DATED 29.07.2021 ISSUED BY THE SECRETARY, MUNICIPAL CORPORATION OF KANNUR.