Ambalakandi Babeena vs The Ferok Municipality
2021 Latest Caselaw 1879 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                        WP(C).No.114 OF 2021(L)


PETITIONER:

               AMBALAKANDI BABEENA
               AGED 29 YEARS
               D/O. ABDUL GAFOOR, ALFA NIVAS, FEROKE P.O, KOZHIKODE
               DISTRICT.

               BY ADVS.
               SRI.M.PROMODH KUMAR
               SMT.MAYA CHANDRAN

RESPONDENTS:

      1        THE FEROK MUNICIPALITY
               REP. BY ITS SECRETARY, FEROKE P.O, KOZHIKODE DISTRICT-
               673 631.

      2        AGRICULTURAL OFFICER,
               KRISHIBHAVAN, FEROKE P.O, KOZHIKODE DISTRICT-673 631

      3        VILLAGE OFFICER,
               FEROKE VILLAGE, KOZHIKODE DISTRICT-673 631


               BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN,
               BY ADV.SRI.P.C SASIDHARAN, SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.114 of 2021                2




                               JUDGMENT

The petitioner has approached this Court seeking a direction to the

respondent Municipality to consider the application for numbering a

building that is already constructed by the petitioner based on a building

permit issued to her by the respondent Municipality without insisting on

any document evidencing the change and nature of the land in the

revenue records.

On a consideration of the averments in the Writ Petition, I find that

the petitioner had already obtained a building permit for construction of

the first floor of a building on land which is not included in the land data

bank prepared for the region. Under the said circumstances, I am of the

view that the application for numbering the building cannot be deferred,

on the ground that the nature of the land as appearing in the revenue

records is not such as would entitle the petitioner to put up a building

thereon. The respondents having already issued a building permit to the

petitioner they cannot now turnaround and contend that the building

constructed by the petitioner would not be numbered. Accordingly, I

dispose the Writ Petition by directing the 1 st respondent Municipality to

consider and pass orders on the petitioner's application for numbering of

the building without insisting on any document showing the change in

the nature of the land in the revenue records. The 1 st respondent shall

do the needful and pass orders as directed within three weeks from the

date of receipt of a copy of this judgment, after hearing the petitioner.

The petitioner shall produce a copy of the writ petition together with a

copy of this judgment before the 1st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/18.01.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 01.02.2003.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 08.06.2015.

EXHIBIT P3 THE OWNERSHIP CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 08.03.2018.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 19.01.2019.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 26.08.2019.

EXHIBIT P6              THE TRUE COPY OF THE CERTIFICATE ISSUED
                        BY    THE   SECOND   RESPONDENT   DATED
                        23.09.2019.


RESPONDENTS EXHIBITS:NIL



                                                   //TRUE COPY//


                                                    P.A TO JUDGE