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High Court of KeralaWP(C)/24848/2013disposed of

Sujeesh.K.P. v. Mattannur Municipality

2015-06-30Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 24848 of 2013 (E) ---------------------------- PETITIONER:

-------------------------- SUJEESH.K.P.

KALAMULLA PARAMBATH HOUSE, URUVACHAL.P.O., MATTANNUR KANNUR DISTRICT.

BY ADV. SRI.CIBI THOMAS RESPONDENT(S):

----------------------------

1. MATTANNUR MUNICIPALITY REP. BY ITS SECRETARY, MATTANNUR, KANNUR DISTRICT - 670 702

2. THE SECRETARY, MATTANNUR MUNICIPALITY, MATTANNUR, KANNUR DISTRICT- 670 702

3. THE CONVENOR (AGRICULTURAL OFFICER), LOCAL LEVEL MONITORING COMMITTEE, MATTANNUR KRISHI BHAVAN, MATTANNUR, KANNUR DISTRICT 670 702.

R1,2 BY ADV. SRI.V.M.SYAM KUMAR R1,R2 BY ADV. SMT.KRIPA ELIZABETH MATHEWS BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24848 of 2013 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. TRUE COPY OF THE JENJMAM ASSIGN DEED NO. 947/2013. P2. TRUE COPY OF THE DOCUMENT NO. 3481/2012.

P3. TRUE COPY OF THE JENMAM ASSIGNMENT DEED 81/1989. P4. TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY FROM THE PAZHASSI VILLAGE OFFICE.

P5. TRUE COPY OF THE ORDER DATED 3-9-2013 ISSUED BY THE RESPONDENT MUNICIPALITY.

P6. TRUE COPY OF THE PHOTOGRAPHS.

P7: COPY OF THE APPLICATION SUBMITTED BEFORE THE LOCAL LEVEL MONITORING COMMITTEE RESPONDENTS EXHIBITS:

NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE SKV

P.V.ASHA, J.

=================== W.P.(C). No.24848 OF 2013 ======================= Dated this the 30th day of June, 2015

JUDGMENT

Petitioner is aggrieved by a description of his property as 'nilam' in the Data Bank as informed him as per Ext.P5, when he approached the Municipality seeking permission for construction of residential building. On receipt of Ext.P5 Memo dated 3.9.2013 the petitioner has approached the 3rd respondent with Ext.P7 representation requesting for modification of the entries in the Data Bank.

2.

I heard the learned counsel appearing for the petitioner and the learned counsel for the respondents. 3.

In view of the limited prayer sought by the petitioner, there will be a direction to the 3rd respondent to consider and pass orders on Ext.P7 after affording opportunity of personal hearing to the petitioner or his authorised agents within a period of two months.

Accordingly, the writ petition is disposed of. Sd/- P.V.ASHA, JUDGE SKV