IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 9902 OF 2022
PETITIONER:
SUJITH GANGADHARAN
AGED 40 YEARS
S/O. LATE GANGADHARAN, KOMATH (H),
CHUZHALI P.O., KANNUR-670142.
BY ADVS.
L.RAJESH NARAYAN
P.B.HARIS
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 SECRETARY,
SREEKANDAPURAM MUNICIPALITY,
SREEKANTAPURAM KANIYARVAYAL ROAD,
SREEKANDAPURAM, KANNUR-670631.
3 MUNICIPAL ENGINEER,
SREEKANDAPURAM MUNICIPALITY,
SREEKANTAPURAM KANIYARVAYAL ROAD,
SREEKANDAPURAM, KANNUR-670631.
BY ADV Jayakumar Namboodiri T.V
ADV.ASHWIN SETHUMADHAVAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.9902/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.9902 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers: i. Issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading up to Exts.P4, P8 and quash the same. ii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 2nd respondent to grant building number to the bifurcated rooms in the ground floor and also the room set apart for the personal use of the petitioner.
iii. Issue a writ in the nature of mandamus or any such other direction or orders commanding the 2nd respondent to grant building number to the remaining rooms in the 3rd and 4th floors of the building.
iv. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to forthwith consider the application for numbering de hors the requirements of compliance with KMBR. W.P.(C).No.9902/2022 3 v. Issue any such other writ, appropriate order or direction as this Hon'ble Court may deems fit and proper considering the facts and circumstances of the case. (SIC)
2. The main prayer of the petitioner is that the 2 nd respondent Municipality is not giving numbers to the third and fourth floor of the petitioner's building. According to the petitioner, the ground floor and first floor were constructed before the year 2002. The stand of the Municipality is that there is no document to show that it is constructed before the year 2000 and the petitioner has not applied for the occupancy certificate also. Now the Kerala Municipality Building Rules, 2019 came into force and the petitioner has to comply with the conditions of that rule.
3. This Court considered the contentions of the petitioner and the respondents. According to the petitioner, his father constructed the building before the year 2000. It is the specific case of the petitioner that the subsequent rule is not applicable to the petitioner's building. The case of the Municipality is that so far the petitioner has not submitted any application earlier. If any fresh application is filed, the same has to be considered as per the present rules. That may be W.P.(C).No.9902/2022 4 true. But I think there is a grievance to the petitioner. His definite case is that he constructed the building before the year 2000, which can be verified by the officers of the Municipality with the assistance of some experts and can take a decision on that aspect. For facilitating respondents 2 and 3 to inspect the premises, the petitioner can submit a representation narrating his grievance. Based on the same, the 2 nd respondent, with the assistance of some technical experts, will inspect the premises and will do the needful in accordance to law.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance raised in this writ petition before the 2nd respondent, within two weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 2 nd respondent, with the assistance of an expert, will inspect the property and will do the needful in accordance to law, as expeditiously as possible, at any rate, within six weeks from W.P.(C).No.9902/2022 5 the date of receipt of the representation.
3. The inspection should be conducted after giving notice to the petitioner.
4. All further coercive steps against the petitioner shall be kept in abeyance till final orders are passed as directed by this Court.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.9902/2022
6
APPENDIX OF WP(C) 9902/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPLY DATED 30.5.2003
BY THE ASSISTANT ENGINEER, KSEB,
SREEKANDAPURAM.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED
12.3.2007 NO.C3.109/2007.
Exhibit P3 TRUE COPY OF THE NOTICE DATED
25.5.2019 NO.PW2/1782/19.
Exhibit P4 TRUE COPY OF THE NOTICE DATED
13.9.2021 NO.R2-1975/2021.
Exhibit P5 TRUE COPY OF THE REPLY DATED
14.11.2021 TO THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 25.2.2021.
Exhibit P7 TRUE COPY OF THE REPLY DATED 8.9.2021 NO.TP-6176/2021.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 13.1.2022 NO.R2-1975/21.
Exhibit P9 TRUE COPY OF THE REPLY DATED 16.2.2022.
Exhibit P10 TRUE COPY OF THE INTIMATION DATED 22.2.2022 GIVEN TO THE 2ND RESPONDENT. Exhibit P11 TRUE COPY OF THE REPLY DATED 19.2.2022 NO.C3.1452/22.