Kerala High Court
Sujith Gangadharan vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 9902 OF 2022
PETITIONER:
SUJITH GANGADHARAN
AGED 40 YEARS
S/O. LATE GANGADHARAN, KOMATH (H),
CHUZHALI P.O., KANNUR-670142.
BY ADVS.
L.RAJESH NARAYAN
P.B.HARIS
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 SECRETARY,
SREEKANDAPURAM MUNICIPALITY,
SREEKANTAPURAM KANIYARVAYAL ROAD,
SREEKANDAPURAM, KANNUR-670631.
3 MUNICIPAL ENGINEER,
SREEKANDAPURAM MUNICIPALITY,
SREEKANTAPURAM KANIYARVAYAL ROAD,
SREEKANDAPURAM, KANNUR-670631.
BY ADV Jayakumar Namboodiri T.V
ADV.ASHWIN SETHUMADHAVAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.9902/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.9902 of 2022
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Dated this the 17th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of certiorari or any such
other direction or orders calling for the records
leading up to Exts.P4, P8 and quash the same.
ii. Issue a writ in the nature of mandamus or any
such other direction or orders commanding the
2nd respondent to grant building number to the
bifurcated rooms in the ground floor and also the
room set apart for the personal use of the
petitioner.
iii. Issue a writ in the nature of mandamus or any
such other direction or orders commanding the
2nd respondent to grant building number to the
remaining rooms in the 3rd and 4th floors of the
building.
iv. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
commanding the 2nd respondent to forthwith
consider the application for numbering de hors
the requirements of compliance with KMBR.
W.P.(C).No.9902/2022
v. Issue any such other writ, appropriate order or
direction as this Hon'ble Court may deems fit and
proper considering the facts and circumstances of
the case. (SIC)
2. The main prayer of the petitioner is that the 2 nd
respondent Municipality is not giving numbers to the third and
fourth floor of the petitioner's building. According to the
petitioner, the ground floor and first floor were constructed
before the year 2002. The stand of the Municipality is that
there is no document to show that it is constructed before the
year 2000 and the petitioner has not applied for the occupancy
certificate also. Now the Kerala Municipality Building Rules,
2019 came into force and the petitioner has to comply with the
conditions of that rule.
3. This Court considered the contentions of the
petitioner and the respondents. According to the petitioner, his
father constructed the building before the year 2000. It is the
specific case of the petitioner that the subsequent rule is not
applicable to the petitioner's building. The case of the
Municipality is that so far the petitioner has not submitted any
application earlier. If any fresh application is filed, the same
has to be considered as per the present rules. That may be
W.P.(C).No.9902/2022
true. But I think there is a grievance to the petitioner. His
definite case is that he constructed the building before the year
2000, which can be verified by the officers of the Municipality
with the assistance of some experts and can take a decision on
that aspect. For facilitating respondents 2 and 3 to inspect the
premises, the petitioner can submit a representation narrating
his grievance. Based on the same, the 2 nd respondent, with the
assistance of some technical experts, will inspect the premises
and will do the needful in accordance to law.
Therefore, this writ petition is disposed of in the following
manner:
1. The petitioner is free to file a representation
narrating his grievance raised in this writ
petition before the 2nd respondent, within two
weeks from the date of receipt of a copy of this
judgment.
2. Once such a representation is received, the 2 nd
respondent, with the assistance of an expert,
will inspect the property and will do the
needful in accordance to law, as expeditiously
as possible, at any rate, within six weeks from
W.P.(C).No.9902/2022
the date of receipt of the representation.
3. The inspection should be conducted after
giving notice to the petitioner.
4. All further coercive steps against the
petitioner shall be kept in abeyance till final
orders are passed as directed by this Court.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.9902/2022
APPENDIX OF WP(C) 9902/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPLY DATED 30.5.2003
BY THE ASSISTANT ENGINEER, KSEB,
SREEKANDAPURAM.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED
12.3.2007 NO.C3.109/2007.
Exhibit P3 TRUE COPY OF THE NOTICE DATED
25.5.2019 NO.PW2/1782/19.
Exhibit P4 TRUE COPY OF THE NOTICE DATED
13.9.2021 NO.R2-1975/2021.
Exhibit P5 TRUE COPY OF THE REPLY DATED
14.11.2021 TO THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE RECEIPT DATED
25.2.2021.
Exhibit P7 TRUE COPY OF THE REPLY DATED 8.9.2021
NO.TP-6176/2021.
Exhibit P8 TRUE COPY OF THE NOTICE DATED
13.1.2022 NO.R2-1975/21.
Exhibit P9 TRUE COPY OF THE REPLY DATED
16.2.2022.
Exhibit P10 TRUE COPY OF THE INTIMATION DATED
22.2.2022 GIVEN TO THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPLY DATED 19.2.2022
NO.C3.1452/22.
