M. Sudheera vs Kannur Municipal Corporation
2024 Latest Caselaw 10373 Ker

Citation : 2024 Latest Caselaw 10373 Ker
Judgement Date : 11 April, 2024

Kerala High Court

M. Sudheera vs Kannur Municipal Corporation on 11 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                      WP(C) NO. 6782 OF 2016
PETITIONER:

            M. SUDHEERA
            W/O.VALSARAJ, ACHEMMA COTTAGE, NEAR N.M.G.BANK,
            PALLIKUNNU, KANNUR - 670 004.
            BY ADV. SRI.KALEESWARAM RAJ

RESPONDENTS:

    1       KANNUR MUNICIPAL CORPORATION
            REPRESENTED BY THE SECRETARY, KANNUR MUNICIPAL
            CORPORATION, KANNUR - 670 001.
    2       SECRETARY
            KANNUR MUNICIPAL CORPORATION, KANNUR - 670 001.
    3       THE HONBLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
            INSTITUTIONS, KANNUR.
    4       C.H.PRABHAKARAN, S/O.KUNHIRAMAN, 'AMBILY',
            P.O.KOTTALI, KANNUR - 670 005.
            BY ADVS.
            SRI.K.K.CHANDRAN PILLAI (SR.)
            SRI.K.R.AVINASH (KUNNATH)
            SMT.S.AMBILY
            SRI.ABDUL RAOOF PALLIPATH - R4
            SHRI.MICKY THOMAS
            SRI.E.MOHAMMED SHAFI
            SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL
            CORPORATION
            SRI.B.S.SYAMANTAK, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   11.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.6782 of 2016

                                2




               P.V.KUNHIKRISHNAN, J.
       ---------------------------------------------
              W.P.(C) No. 6782 of 2016
   ------------------------------------------------------
         Dated this the 11th day of April, 2024.


                          JUDGMENT

This writ petition is filed seeking the

following reliefs:

"i. To issue a writ of mandamus directing the 1st and 2nd respondents to issue building number to the building constructed above the building bearing number PPXI/501 in RS no. 45/17 of Puzhathi Amsom Udhayam Kunnu Desom in Kannur Taluk.

ii. To issue a writ of certiorari quashing Ext. P8 and P9 as unjust illegal and arbitrary.

iii. To declare that Exts. P8 and P9 are unenforceable.

iv. To issue a writ of mandamus directing the 1st and 2nd respondents to refrain from implementing Ext. P8 and P9 orders.

v. To issue a writ of mandamus directing the 3rd respondent to dispose of Ext. P12 complaint within a time frame to be fixed by this

Hon'ble Court.

vi. To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case."[SIC]

2. When this Writ petition came up for

consideration on 23.02.2016, this Court passed the

following order:

"Admit.

Sri. Arun Antony, the learned Standing Counsel takes notice for the respondents 1 and 2.

Notice to the 3rd respondent will stand dispensed with.

Issue notice by speed post to the 4 th respondent.

The respondent Corporation is directed to grant a provisional building number to the petitioner's building, within a period of one month from the date of receipt of a copy of this order, and this will be subject to final decision of this writ petition."

3. It is submitted that a provisional number

is already given to the petitioner's building. If that

be the case, this Writ petition need not be retained

here. If there is any violation of any statutory

provisions, the Corporation is free to proceed in

accordance with law with notice to the petitioner.

But the interim order can be made absolute.

Therefore, this Writ Petition is disposed of in

the following manner:

1. The order dated 23.02.2016 is made

absolute.

2. If there is any violation of any

statutory provisions, the 1st respondent

Municipality is free to take appropriate

steps with notice to the petitioner and the

4th respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

APPENDIX OF WP(C) 6782/2016

PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE DEED NO.2269 DATED 18.03.47. EXHIBIT P2. TRUE COPIES OF THE TAX RECEIPTS DATED 29.10.1993,, 01.10.1996 AND 23.10.2000. EXHIBIT P3. TRUE COPY OF THE RESOLUTION NO.84/12 DATED 27.09.2012 BY THE PUZHATHI GRAMA PANCHAYAT.

EXHIBIT P4. TRUE COPY OF THE COMMUNICATION DATED 31.10.2012 FROM THE 2ND RESPONDENT.

EXHIBIT P5. TRUE COPY OF THE DEED NO.1737/2012.

EXHIBIT P6. TRUE COPY OF THE RECEIPT OF THE APPLICATION DATED 09.01.2013.

EXHIBIT P7. TRUE COPY OF THE REPRESENTATION DATED 27.12.2013. EXHIBIT P8. TRUE COPY OF THE ORDER DATED 31.12.2013.

EXHIBIT P9. TRUE COPY OF THE COMMUNICATION DATED 24.02.2014. EXHIBIT P10. TRUE COPY OF THE DEED NO.1115/2014 DATED 26.03.2014. EXHIBIT P11. TRUE COPY OF THE RECEIPT DATED 12.12.2014. EXHIBIT P12. TRUE COPY OF THE COMPLAINT FILED BEFORE THE OMBUDSMAN.

EXHIBIT P13. TRUE COPY OF THE APPLICATION DATED 23.05.2015 TOGETHER WITH ITS REPLY DATED 08.06.2015.

EXHIBIT P14. TRUE COPY OF THE REPORT DATED 10.07.2014.

EXHIBIT P15. TRUE COPY OF THE COMMUNICATION DATED 16.09.2014 TOGETHER WITH COVERING LETTER DATED 27.09.2014.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE