Nahaseer Mubarak Naushad vs Thalassery Municipality
2021 Latest Caselaw 15325 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                       WP(C) NO. 28207 OF 2020
PETITIONER:

          NAHASEER MUBARAK NAUSHAD, AGED 42 YEARS
          S/O MUBARAK NOUSHAD,'BABNISH',P.O PALLIKKUNNU,KANNUR-
          670004,REPRESENTED BYTHE POWER OF ATTORNEY HOLDER,
          T.P.FAIZ AHAMED,S/O O.V.AHMED,AGED 59 YEARS,RESIDENT OF
          'RAHMA',P.O CHOVVA,KANNUR-670006.

          BY ADVS.
          SHERRY J. THOMAS
          SRI.E.K.AVINASH



RESPONDENTS:

    1     THALASSERY MUNICIPALITY,REPRESENTED BY ITS SECRETARY,
          MUNICIPALITY OFFICE,THALASSERY,PIN-670101.

    2     THE SECRETARY,THALASSERY MUNICIPALITY,MUNICIPALITY
          OFFICE,THALASSERY,PIN-670101.

    3     NAJEEB PALLIYATH, ROOM NO.231,'BABNISH ARCADE',
          THALASSERY,PIN-670004.

          BY ADV ASHWIN SATHYANATH
          I.V.PRAMOD




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28207 OF 2020
                                    2

                              JUDGMENT

Dated this the 22nd day of July, 2021

The petitioner is the co-owner of a commercial

building named 'Babnish Arcade'. The building is

occupied by tenants. The petitioner alleges that, the

3rd respondent, who is one of the tenants, has

encroached into the parking area and enclosed the

same, thus resulting in violation of the completion

plan and occupancy. The petitioner has submitted Ext

P3 complaint before the Municipality in the said

regard. The 3rd respondent has filed a counter

affidavit denying the allegations. It is for the 2 nd

respondent to consider Ext P3 and pass appropriate

orders in accordance with law.

Without expressing anything on merits, the writ

petition is disposed of directing the 2 nd respondent to

consider and pass appropriate orders on Ext P3, with

due notice to the petitioner and 3 rd respondent, as

expeditiously as possible and at any rate, within a WP(C) NO. 28207 OF 2020

period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 28207 OF 2020

APPENDIX OF WP(C) 28207/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY DATED 20.11.2017.

EXHIBIT P2 THE TRUE COPY OF THE PROCEEDINGS OF MUNICIPAL COMMISSIONER,THALASSERY IN CONNECTION WITH THE PERMIT OF THE PETITIONER'S BUILDING DATED 3/8/2002.

EXHIBIT P3 THE TRUE COPY OF THE OCCUPANCY CERTIFICATE IN CONNECTION WITH THE ABOVE BUILDING WHICH BEARS PERMIT NO.138/93/94 ISSUED BY THE 1ST RESPONDENT DATED 10/06/1996.

EXHIBIT P4 THE TRUE COPY OF THE RECEIPT DATED 28.10.2020 ISSUED BY THE 1ST RESPONDENT OFFICE.