Kerala High Court
Hassan M.A vs The Secretary on 29 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO.7991 OF 2024
PETITIONERS:
1 HASSAN M.A., AGED 71 YEARS
MOLARKUDY @ MUKALARKUDI HOUSE, KUZHUVELIPPADI,
EDATHALA P.O., ALUVA., PIN - 683561
2 JAMEELA, AGED 63 YEARS
MOLARKUDY @ MUKALARKUDI HOUSE, KUZHUVELIPPADI,
EDATHALA P.O., ALUVA., PIN - 683561
3 SHOUKATH ALI M.H., AGED 42 YEARS
MOLARKUDY @ MUKALARKUDI HOUSE, KUZHUVELIPPADI,
EDATHALA P.O., ALUVA., PIN - 683561
4 SHAHUL HAMEED, AGED 39 YEARS
MOLARKUDY @ MUKALARKUDI HOUSE, KUZHUVELIPPADI,
EDATHALA P.O., ALUVA., PIN - 683561
BY ADVS.
P.K.IBRAHIM
K.P.AMBIKA
ZEENATH P.K.
JABEENA K.M.
ANAZ BIN IBRAHIM
RESPONDENTS:
1 THE SECRETARY, THRIKKAKKARA MUNICIPALITY,
KAKKANAD P.O., ERNAKULAM, PIN - 682030
2 THE THRIKKAKKARA MUNICIPALITY REPRESENTED BY ITS
SECRETARY, OFFICE OF THE THRIKKAKKARA MUNICIPALITY,
KAKKANAD, ERNAKULAM, PIN - 682030
BY SRI.P.K.ABDUL RAHIMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.7991 of 2024 2
JUDGMENT
The petitioners are the owners in possession
of an extent of 5.53 Ares [13.664 cents] of land,
lying contiguously, in Re.Sy.No.129/18 in Block
No.7 of Kakkanad Village, Kanayannur Taluk,
Ernakulam District as per Sale Deed Nos.3378/2016,
3266/2016, 3379/2016 and 3265/2016 of the SRO,
Thrikkakkara, having equal extent of property in
the name of each individual. The petitioners have
submitted a joint application seeking permit for a
residential apartment for 980 M2 before the
respondents.
2. The respondents issued building permit
No.BA-805/16-17 dated 30.04.2020 for constructing
15 apartments. Accordingly, the petitioners have
constructed buildings in the said property as
evidenced by Exts.P1 to P1(n) certificates.
3. The land in which the apartments is
situated is owned by the petitioners under 4
documents, but the construction was undertaken
pooling all the four plots into one for
convenience. Petitioners however like to hold the
apartments in their individual names and
accordingly they resolved to request the
respondents to make amendment in the building
register allotting specific apartments in the
individual names of petitioners 1 to 4, rather
than putting all the apartments in their joint
name. Accordingly, petitioners have filed Ext.P2
joint application before the respondents for
transfer of ownership of the apartments in the
names indicated against each apartments bearing
door numbers:
(a) The ownership of the apartments
bearing Door Nos.X/1774, 1778, 1779 and
1788 may be registered in the name of
first Petitioner M.A. Hassan.
(b) The ownership of the apartments
bearing Door Nos.X/1775, 1780 and 1782
may be registered in the name of second
Petitioner, namely Jameela.
(c) The ownership of the apartments
bearing Door Nos.X/1776, 1781, 1783 and
1785 may be registered in the name of
third petitioner namely M.H. Shoukath
Ali.
(d) The ownership of the apartments
bearing Door Nos.X/1777, 1784, 1786 and
1787 may be registered in the name of
the fourth petitioner namely M.H.
Shahul Hameed.
4. The petitioners filed Ext.P2 application
jointly before the 1st respondent requesting to
make changes in the official building records for
issuance of ownership certificates in individual
name of each of them. The grievance of the
petitioners is that, though Ext.P2 is pending
before the respondents for more than one month, no
action has been taken so far. The delay in
considering Ext.P2 is causing serious prejudice to
the petitioners.
5. Heard the learned counsel for the
petitioners and the learned Standing Counsel for
the respondents.
6. In the facts and circumstances of the case
and having regard to the submissions made across
the Bar, there will be a direction to the 1 st
respondent to consider Ext.P2, in accordance with
law, as expeditiously as possible, at any rate,
within a period of two months from the date of
receipt of a certified copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/29/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit-P1 TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1774/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(a) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1775/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(b) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1776/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(c) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1777/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(d) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1778/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(e) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1779/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(f) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1780/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(g) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1781/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(h) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1782/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(i) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1783/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(j) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1784/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(k) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1785/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(l) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1786/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(m) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1787/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P1(n) TRUE COPY THE OWNERSHIP CERTIFICATE OF
THE APARTMENTS DATED 22.12.2022
(BUILDING NO.1788/IN WARD 10 OF
THRIKKAKARA MUNICIPALITY) ISSUED IN THE
JOINT NAME OF THE PETITIONERS
Exhibit-P2 TRUE COPY OF THE APPLICATION DATED
18.01.2024 BEFORE THE 1ST RESPONDENT
