Sujeesh K.P. v. Mattannur Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34104 of 2015 (K) ---------------------------- PETITIONER(S):

-------------------------- SUJEESH K.P. AGED 31 YEARS KALAMULLA PARAMBATH HOUSE, URUVACHAL P.O, MATTANNUR KANNUR DISTRICT BY ADV. SRI.CIBI THOMAS RESPONDENT(S):

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

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

2. THE SECRTARY MATTANNUR MUNICIPALITY, MATTANNUR KANNUR DISTRICT 670 702

3. THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR DISTRICT 670 101

4. THE DISTRICT COLLECTOR KANNUR 670 001 R3-R4 BY ADV.ANITHA RAVINDRAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1811-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34104 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE SERVING CERTIFICATE ISSUED BY THE DEPARTMENT OF DEFENSE EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE VILLAGE OFFICER, PAZHASSI EXHIBIT P3 TRUE COPY OF THE REGISTERED JANMAM ASSIGNMENT DEED NO 947/2013 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03/09/2013 ISSUED BY THEMUNICIPALITY EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO 24848/2013 EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 03/08/2015 ISSUED BY THE LOCAL LEVEL MONITORING COMMITTEE EXHIBIT P7 TRUECOPY OF THE JUDGMENT DATED 18/08/2015 IN W.

P(C) NO 24046 OF 2015 EXHIBIT P8 TRUE COPY OF THE INTIMATION SENT BY THE 2ND RESPONDENT DATED 14/10/2015 EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPHS SHOWING THAT THE SOUTHERN AND WESTERN ENDS OF THE PROPERTY OF THE PETITIONER ARE PUBLIC ROADS EXHIBIT P10 TRUE COPY OF THE BUILDING PERMIT ISSUED TO VELLUVAKANDI RAVEEDNRAN,WHO IS HAVING PROPERTY ON THE NORTH-EASTERN SIDE OF THE PROPERTY OF THE PETITIONER EXHIBIT P11 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF VELLUVAKANDI RAVEENDRAN ON THE NORTH-EASTERN SIDE OF THE PROPERTY OF THE PETITIONER EXHIBIT P12 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE PAZHASSI VILLAGE OFFICE EXHIBIT P13 TRUE COPY OF THE PETITION FILED BEFORE THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 34104 of 2015 --------------------------------------- Dated this the 18th day of November, 2015

JUDGMENT

The property has admittedly not been included in the data bank. The mere fact that the property has been described as wet land in the document of title is of no consequence. The petitioner asserts that Ext.P10 building permit has been granted in relation to the neighbouring property. There is justification in the contention of the petitioner that he is entitled to a similar treatment.

2.

I quash Ext.P8 order and direct the second respondent to reconsider the application for building permit put in by the petitioner. I direct the second respondent to pass orders anew adverting to Ext.P7 judgment as also Ext.P10 building permit within a period of two months.

The writ petition is disposed of as above.

sks V.CHITAMBARESH, JUDGE