Saju.P vs The Secretary
2021 Latest Caselaw 14711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                       WP(C) NO. 18860 OF 2019
PETITIONERS:

    1     SAJU.P, S/O. LATE KUNCHAN, GEETHA BHAVAN,
          HOUSE NO.11/305, VINAYAKA NAGAR, MANNARKKAD,
          MANNARKKAD P. O., PIN - 678582.

    2     SULOCHANA, W/O. SAJU, GEETHA BHAVAN, H.NO.11/305,
          VINAYAKA NAGAR, MANNARKKAD,
          MANNARKKAD P. O., PIN - 678582.

    3     HARIDAS, AGED 17,REPRESENTED BY HIS FATHER SAJU P.,
          S/O. LATE KUNJAN, GEETHA BHAVAN, HOUSE NO.11/305,
          VINAYAKA NAGAR, MANNARKKAD,
          MANNARKKAD P. O., PIN - 678582.
          BY ADVS.AYSHA YOUSEFF
                  MOLLY JACOB
                  ASHIFA YOUSEFF
                  JOBI.A.THAMPI
                  M.KABANI DINESH
                  C.M.EBRAHIM
                  SHOUKATH HUSAIN


RESPONDENTS:
     1     THE SECRETARY
           MANNARKKAD MUNICIPALITY,
           MANNARKKAD P. O., PIN - 678582.

    2     MANNARKKAD MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          MANNARKKAD P. O., PIN - 678582.

    *3    RADHAKRISHNAN, S/O.LATE KUNJAN, AGED 59
          RESIDING AT SREE GITA BHAVAN
          HOUSE NO.11/306, VINAYAKA NAGAR,
          MANNARKKAD P.O, PALAKKAD
          *(IMPLEADED AS ADDL.R3 AS PER ORDER DTD.16/7/2019 IN
          I.A.NO.1/2019)

           BY ADV Mr.P.R.VENKATESH, SC, MANNARKKAD MUNICIPALITY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18860 OF 2019          ..2..




                              JUDGMENT

The petitioners have filed this writ petition alleging

inaction on the part of the 1 st respondent to change the

ownership of the property covered by Ext.P2 settlement deed

in favour of the petitioners. Ext.P4 is the receipt issued by the

1st respondent Municipality with regard to the application

submitted by the petitioners for change of ownership. The

limited prayer of the petitioners is to direct the 1 st respondent

to pass orders on the application of the petitioners for change

of ownership of the property covered by Ext.P2 settlement

deed.

2. Heard the learned Counsel for the petitioners and the

learned Counsel appearing for the respondents.

3. It is not in dispute that the application for change of

ownership is pending consideration before the 1 st respondent.

Accordingly, there will be a direction to the 1 st respondent

Municipality to consider and pass orders on the application of WP(C) NO. 18860 OF 2019 ..3..

the petitioners for change of ownership of the property

covered by Ext.P2 settlement deed, within a period of six

weeks from the date of receipt of a certified copy of this

judgment with notice to the petitioners and the additional

respondent No.3.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/14/07/2021

//true copy //

P.A To Judge WP(C) NO. 18860 OF 2019 ..4..

APPENDIX OF WP(C) 18860/2019 PETITIONER ANNEXURE

EXHIBIT P1 PHOTOCOPY OF THE DOCUMENT NO.4900/1995 EXECUTED IN THE MANNARKAD SUB REGISTRY

EXHIBIT P2 PHOTOCOPY OF THE SETTLEMENT DEED NO.791/19

EXHIBIT P3 PHOTOCOPY OF THE TAX RECEIPT DATED 08.03.2019 ISSUED BY THE RESPONDENT MUNICIPALITY

EXHIBIT P4 PHOTOCOPY OF THE RECEIPT DATED 11.03.2019 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

EXHIBIT P5 PHOTOCOPY OF THE NOTICE DATED 08.04.2019.

EXHIBIT P6 PHOTOCOPY OF THE NOTICE DATED 23.05.2019.

EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED 30.05.2019.

(a)

EXHIBIT P7 PHOTOCOPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER LATE KUNJAN WHO EXPIRED ON 27.04.1962.

EXHIBIT P8 PHOTOCOPY OF THE TAX RECEIPTS FOR THE YEARS 2016-17, 2017-18 AND 2018-19 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY

EXHIBIT P9 PHOTOCOPY OF THE NOTICE DATED 21.06.2019.

EXHIBIT P10 PHOTOCOPY OF THE RESULT OF THE SECONDARY SCHOOL CERTIFICATE EXAMINATION CLASS XII -2019 ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION IN RESPECT OF 3RD PETITIONER.

EXHIBIT P11 PHOTO COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE DEPARTMENT OF CARDIOLOGY KIMS A1 SHIFA SUPER SPECIALITY HOSPITAL, PERINTHALMANNA, MALAPPURAM.

EXHIBIT P12 PHOTO COPY OF THE BILL OF SUPPLY DATED 23/2/2019 ISSUED FROM THE KIMS A1 SHIFA SUPER SPECIALITY HOSPITAL, PERINTHALMANNA, MALAPPURAM.