K.P.Kunjalikutty vs Parappanangadi Municipality
2022 Latest Caselaw 8349 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21503 OF 2022
PETITIONER

               K.P.KUNJALIKUTTY
               AGED 73 YEARS
               S/O.LATE ALAVIKUTTY, WHITE HOUSE,
               PARAPPANANGADI, THIRURANGADI TALUK, MALAPPURAM
               DISTRICT - 676 306.


               BY ADV ZAKEER HUSSAIN


RESPONDENTS

    1          PARAPPANANGADI MUNICIPALITY
               CALICUT ROAD, PARAPPANANGADI - 676 303.
               REPRESENTED BY ITS SECRETARY.
    2          THE SECRETARY,
               PARAPPANANGADI MUNICIPALITY, CALICUT ROAD,
               PARAPPANANGADI - 676 303.

    3          CHERAKKODE HAMZA,
               AGED 53 YEARS
               S/O.CHERAKKODE MOHAMMED, RESIDING AT
               VALIAPADAM, THIRURANGADI TALUK, PARAPPANANGADI,
               MALAPPURAM DISTRICT - 676 306.
               BY ADV SHRI.JAMSHEED HAFIZ, SC, PARAPPANANGADI
               MUNICIPALITY


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.21503 of 2022           :2:

                            JUDGMENT

Dated this the 1st day of July, 2022

The petitioner has approached this Court seeking to

direct the 2nd respondent-Secretary, Parappanangadi

Municipality or the authority concerned to take appropriate

action based on Ext.P4. In Ext.P4, the petitioner has raised a

grievance against disbursal of loan to the 3 rd respondent for

constructing a house in the property, which is the subject

matter of O.S. No.175 of 2016 pending before the Munsiff's

Court, Parappanangadi.

2. The petitioner states that the 3 rd respondent has no

absolute title over the property and a suit in this regard is

pending before the Munsiff's Court, Parappanangadi.

Pending the suit, if respondents 1 and 2 grant any benefit to

the 3rd respondent treating him as the title holder to the

property, the petitioner will be put to irreparable loss and

damage.

3. The petitioner has therefore filed Ext.P4

representation before the 2nd respondent-Secretary to the

Parappanangadi Municipality.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents

1 and 2. Notice to the 3 rd respondent is dispensed with in

view of the nature of the relief being granted in this case.

5. The Standing Counsel for respondents 1 and 2

submitted that since the petitioner has submitted Ext.P4

representation, the same can be considered and a decision

thereon be taken, after hearing the petitioner and the 3 rd

respondent.

In the circumstances of the case, the writ petition is

disposed of directing the 2 nd respondent to consider Ext.P4

representation submitted by the petitioner and take

appropriate decision thereon, after granting an opportunity of

hearing to the petitioner as well as the 3 rd respondent.

Sd/-

N. NAGARESH, JUDGE smm/05.07.2022

APPENDIX OF WP(C) 21503/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.175 OF 2016 BE THE MUNSIFF'S COURT, PARAPPANANGADI.

Exhibit P2 TRUE COPY OF THE ORDER DATED 17/06/2016 IN I.A.NO.1354 OF 2016 IN O.S.NO.175 OF 2016 OF THE MUNSIFF'S COURT PARAPPANANGADI.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 15/03/2022 BTHE 2ND RESPONDENT SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10/06/2022 TO THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER.