Ummar Maliyekkal vs Kozhikode Municipal Corporation
2024 Latest Caselaw 9986 Ker

Kerala High Court

Ummar Maliyekkal vs Kozhikode Municipal Corporation on 5 April, 2024

WP(C) No.24443/2023                        1/3                       Order Date : 05-04-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
                 Friday, the 5th day of April 2024 / 16th Chaithra, 1946

                                WP(C) NO. 24443 OF 2023

   PETITIONERS:

      1. UMMAR MALIYEKKAL, AGED 57 YEARS, S/O. KUNJIMOYTHEEN, MALIYEKKAL
         HOUSE, VENGARA P.O., MALAPPURAM DISTRICT, PIN - 676304
      2. NOUFAL P, AGED 23 YEARS, S/O. ABDUL MAJEED,PERUNGADAN HOUSE, P.O.
         VENGARA, MALAPPURAM DISTRICT, PIN - 676304
      3. P. SREESHA, AGED 44 YEARS, W/O. AKHILESHAN K., RESIDING AT
         'AKSHAYA', NELLIKODE P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT,
         PIN-673016

   RESPONDENTS:

      1. KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, BEACH
         ROAD, KOZHIKODE, PIN - 673032
      2. THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION, BEACH ROAD,
         KOZHIKODE, PIN-673032
      3. ASSISTANT EXECUTIVE ENGINEER, KOZHIKODE MUNICIPAL CORPORATION, BEACH
         ROAD, KOZHIKODE, PIN- 673032
      4. REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE,
         CHAKKORATHUKULAM, KOZHIKODE, PIN-673011


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 1st and 2nd respondents to permit the petitioners to
   use the building for commercial purposes, pending disposal of this Writ
   Petition.


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   25-03-2024 and upon hearing the arguments of M/S. V.N.HARIDAS, SAIFUDEEN
   T.S, THASNIEEM BADARUDEEN, V.N.HARIDAS, SAIFUDEEN T.S, THASNIEEM
   BADARUDEEN, V.N.HARIDAS, SAIFUDEEN T.S & THASNIEEM BADARUDEEN, Advocates
   for the petitioners and M/S. BINDUMOL JOSEPH & BEENA JOSEPH, Advocates for
   R1 & R2, the court passed the following:
 WP(C) No.24443/2023                           2/3                              Order Date : 05-04-2024




                                MOHAMMED NIAS C.P., J
                                -------------------------------------
                                W.P.(C)No.24443 of 2023
                                -------------------------------------


                           Dated this the 5th day of April, 2024


                                           ORDER

This is an application seeking amendment of W.P.(C).

Heard. Allowed.

Petitioners are directed to file the amended W.P.(C).

W.P.(C)

Post on 11.06.2024.

Sd/-

MOHAMMED NIAS C.P. JUDGE SSK/05/04 WP(C) No.24443/2023 3/3 Order Date : 05-04-2024

APPENDIX OF WP(C) 24443/2023 Exhibit P1 TRUE COPY OF THE SALE DEED NO. 303/2021 OF WEST HILL SUB REGISTRAR OFFICE DATED 08.02.2021 Exhibit P2 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, KACHERI, DATED 27.06.2022 Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 1ST RESPONDENT WITH RESPECT TO THE DOOR NUMBER 1869/A DATED 01.07.2023 Exhibit P4 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 1ST RESPONDENT WITH RESPECT TO THE DOOR NUMBER 1869/B DATED 01.07.2023 Exhibit P5 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 1ST RESPONDENT WITH RESPECT TO THE DOOR NUMBER 1869/C DATED 01.07.2023 Exhibit P6 TRUE COPY OF THE JUDGMENT IN WA 1143 OF 2020 DATED 01.03.2021 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM Exhibit P7 TRUE COPY OF THE JUDGMENT IN RP NO. 548 OF 2022 DATED 07.07.2022 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM Exhibit P8 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT TO SMT. SAINABA K.K. DATED 24.02.2023 Exhibit P9 A TRUE COPY OF THE REJECTION ORDER ISSUED BY THE 2ND RESPONDENT DATED 06.12.2022 Exhibit P10 PHOTOGRAPHS SHOWING COMMERCIAL BUILDINGS ALLOWED BY THE CORPORATION