Sudhakaran vs Kannur Corporation
2021 Latest Caselaw 22204 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                 WP(C) NO. 16995 OF 2021



PETITIONER/S:

    1    SUDHAKARAN,
         AGED 69 YEARS
         S/O. LATE KRISHNAN,
         KANDOTHANKANDI HOUSE,
         PALLIKKUNNU, KANNUR 670 004.

    2    PRABHAVATHY,
         AGED 67 YEARS
         D/O. LATE KRISHNAN,
         KANDOTHANKANDI HOUSE,
         PALLIKKUNNU, KANNUR 670 004.

         BY ADVS.
         K.MOHANAKANNAN
         H.PRAVEEN (KOTTARAKARA)




RESPONDENT/S:

    1    KANNUR CORPORATION ,
         REPRESENTED BY ITS SECRETARY,
         KANNUR MUNICIPAL CORPORATION
         P B NO. 39, KANNUR DISTRICT 670 001.

    2    THE SECRETARY,
         KANNUR MUNICIPAL CORPORATION
         P B NO. 39, KANNUR DISTRICT 670 001.

    3    ZONAL OFFICER,
         KANNUR MUNICIPAL CORPORATION,
         ZONAL OFFICE, PALLIKKUNNU,
         KANNUR 670 001.
 WP(C) NO. 16995 OF 2021
                                     2




    4          THE ASSISTANT ENGINEER,
               LOCAL SELF GOVERNMENT DEPARTMENT,
               KANNUR MUNICIPAL CORPORATION,
               ZONAL OFFICE, PALLIKKUNNU,
               KANNUR 670 004.

               BY ADV SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
               CORPORATION



               SRI. B.S SYAMANTHAK,GP.




        THIS    WRIT    PETITION     (CIVIL)    HAVING      COME   UP   FOR
ADMISSION       ON   05.11.2021,     ALONG     WITH    WP(C).13274/2016,
18839/2016,       THE   COURT   ON   THE     SAME     DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16995 OF 2021
                                3



                        JUDGMENT

The learned counsel for the respondents has filed a

statement and in Para. No. 10 of the statement, it is stated

thus:-

"On a further verification, it is found that the authorities by mistake, had verified the adjacent residential building in the subject matter property and not the shed for which the transfer of ownership is now requested, since both the buildings are shown as residential buildings in the Assessment Register. The said mistake is rectified now and vide order No.PKZR1/3617/18 dated 13/10/2021, the ownership (Jama) of the subject matter shed is transferred."

2. The submission made on behalf of respondent

Nos. 1 to 4, which is extracted above has been recorded

and the Writ Petition is closed.

Sd/-

T.R.RAVI JUDGE avs WP(C) NO. 16995 OF 2021

APPENDIX OF WP(C) 16995/2021

PETITIONER EXHIBITS

OF SRO, KANNUR.

Exhibit P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF LATE KRISHNAN DATED 12.6.1998.

Exhibit P3 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF MOTHER OF THE PETITIONER, ROHINI DATED 12.2.2019.

Exhibit P4 TRUE COPY OF THE THANDAPER ACCOUNT DATED 6.12.2019.

Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT DATED 16.7.2021.

Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 23.9.2019.

Exhibit P7 TRUE COPY OF THE PROPERTY TAX WHICH SHOWS THAT THE BUILDING NO. 1/793 OF KANNUR MUNICIPAL CORPORATION DATED 23.9.2020.

Exhibit P8 TRUE COPY OF THE CERTIFICATE NO.

PKZ/RI-117/2020 ISSUED BY THE 3RD RESPONDENT DATED 14.1.2020.

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 4.4.2019 TO THE 2ND PETITIONER SENT BY THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE REVISED PLAN SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY.

WP(C) NO. 16995 OF 2021

Exhibit P11 TRUE COPY OF THE COMMUNICATION NO.

PKZ/EI/BA/92/19-20 SENT BY THE 4TH RESPONDENT TO THE PETITIONER DATED 16.7.2021.