Shubha K.V vs The Municipal Corporation Of ...
2022 Latest Caselaw 8331 Ker

Citation : 2022 Latest Caselaw 8331 Ker
Judgement Date : 1 July, 2022

Kerala High Court

Shubha K.V vs The Municipal Corporation Of ... on 1 July, 2022

WP(C) NO. 22647 OF 2021             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                          WP(C) NO. 22647 OF 2021
PETITIONER/S:

               SHUBHA K.V.
               AGED 68 YEARS
               W/O LATE C.P.SHIVARAJ,
               SHIVASHAKTI, KAKKAD POST,
               KANNUR DISTRUCT-670005.

               BY ADV DIPU JAMES



RESPONDENT/S:

      1        THE MUNICIPAL CORPORATION OF KANNUR
               CORPORATION OFFICE, KANNUR, KANNUR DISTRICT-670307,
               REPRESENTED BY ITS SECRETARY.

      2        SECRETARY
               MUNICIPAL CORPORATION OF KANNUR, CORPORATION OFFICE,
               KANNUR DISTRICT, PIN-670307.

      3        HEALTH SUPERVISOR
               MUNICIPAL CORPORATION OF KANNUR, CORPORATION OFFICE,
               KANNUR, KANNUR DISTRICT-670307.

      4        DINOOP
               S/O KUNJIKANNAN, MELVIN, POLICE NAGAR, KUZHITHULLI,
               THAZHECHOVA, KANNUR DISTRICT, PIN-670007.

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 22647 OF 2021               2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C) No.22647 of 2021
                      --------------------------------------
                  Dated this the 1st day of July, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"i) To call for records leading to Ext P3 and quash the same and all consequential proceedings by issuing a writ of certiorari or any other appropriate writ, order or direction.

ii) To grant such other reliefs in favour of the petitioner as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case." [SIC]

2. This writ petition is filed challenging Ext.P3 order

passed by the 1st respondent-Corporation. The main grievance

of the petitioner is that the notice is not given to all the legal

heirs of the deceased owner of the property. Therefore, Ext.P3

is unsustainable.

3. Heard.

4. It is true that a perusal of Ext.P3 will show that the

notice is issued to the legal heirs. It is also true that the notice

issued to the 4th respondent in this writ petition is not returned

after service. The way in which this writ petition is going to be

disposed, I think, the presence of 4 th respondent is not

necessary. If the 4th respondent is aggrieved by the judgment,

he is free to approach this Court with a review petition.

5. The main grievance is that Ext.P3 is issued without

giving notice to all the legal heirs of the deceased owner of the

building. If that is the case, Ext.P3 can be set aside and there

can be a direction to the Corporation to issue notice to all the

legal heirs of the deceased owner of the building and

thereafter, proceed in accordance to law.

Therefore, this writ petition is disposed of with the

following directions :

1) Ext.P3 is set aside.

2) The 1st and 2nd respondents are directed to issue

fresh notice to all the legal heirs of the deceased

owner of the building and thereafter, proceed in

accordance with law.