Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 WP(C) NO. 30508 OF 2012 PETITIONER: ABDUL BARI AGED 47 YEARS S/O.SHADULI HAJI, BUSHARA MANZIL, AROLI P.O., KANNUR. BY ADVS. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU SMT.C.S.RAJANI RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE KANNUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KANNUR- 670 001. 3 P.P.ABDUL SALAM AGED 55 YEARS S/O.EBRAHIMKUNJI HAJI, KENZ, OLD POST OFFICE ROAD, KANNUR KARAR DESOM, KANNUR AMSOM, KANNUR-670 001. 4 P.P.MUHAZ AGED 36 YEARS S/O.DR.A.A.BASHEER, AMAN, THAVAKKARA ROAD, KANNUR KARAR DESOM, KANNUR-670 002. 5 P.P.AYSHA AGED 61 YEARS W/O.E.K.MAHAMOOD JAUHAR, THAVAKKARA ROAD, KANNUR KARAR DESOM, KANNUR-670 002. 6 P.P.MYMOONA AGED 59 YEARS W/O.DR..A.A.BASHEER, AMAN, THAVAKKARA ROAD, KANNUR KARAR DESOM, KANNUR-670 002. 7 P.P.MUHAMMED AGED 51 YEARS S/O.EBRAHIMKUNJI HAJI, JAUHAR, THAVAKKARA ROAD, KANNUR KARAR DESOM, KANNUR-670 002. BY ADVS. SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION SRI.K.R.AVINASH KUNNATH SRI.ARUN ANTONY SRI.K.K.CHANDRAN PILLAI SR. SRI.A.MOHAMED MUSTAQUE SMT.DEEPA NARAYANAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANU SIVARAMAN, J.
========================= W.P.(C) No.30508 of 2012 ========================= Dated this the 10th day of July, 2023
JUDGMENT
This writ petition is filed seeking the following reliefs:
“i) Call for the records leading to Exts.P3 and P6 and may be pleased to issue a writ of certiorari quashing the same. ii) To issue a writ of mandamus or any other appropriate writ order or direction commanding the second respondent to take into consideration Ext.P4 and to reconsider the whole issue as afresh in the instant case in the
interest of justice.”
2. Heard the learned counsel for the petitioner, the learned Government Pleader, learned counsel appearing for the 2nd respondent as well as the learned counsel for respondents 3 to 7.
3. It is submitted by the learned counsel for the 2 nd
respondent that pursuant to the filing of this writ petition, the constructions were regularized by the subsequent owner and that the regularization had been permitted on the basis of certain conditions. In view of the fact that the constructions now stand regularized, this writ petition is closed, without prejudice to the contentions raised by the parties. Sd/- ANU SIVARAMAN JUDGE SSK/07/07
APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 THE COPY OF THE BUILDING PERMIT NO.38/07 DATED 2/1/2018 ISSUED BY THE SECRETARY, VELLAVOOR GRAMA PANCHAYAT. EXHIBIT P2 THE COPY OF THE TAX RECEIPT DATED 13/7/2017 SHOWING REMITTANCE OF TAX FOR THE PROPERTY OF 7.27 ARES IN SURVEY NO.319/6-2 OF VELLAVOOR VILLAGE. EXHIBIT P3 THE COPY OF THE PROCEEDINGS NO.E8-12355/09 DATED 26/2/2014 OF THE 2ND RESPONDENT TAHSILDAR, CHANGANACHERRY. EXHIBIT P4 THE COPY OF THE DEMAND NOTICE NO.E4/E8.12355/09 DATED 5/3/2014 ISSUED BY THE 2ND RESPONDENT TAHSILDAR. EXHIBIT P5 THE COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE VELLAVOOR GRAMA PANCHAYAT. EXHIBIT P5(A) THE COPY OF THE CERTIFICATE DATED 17/3/2014 ISSUED FROM THE VELLAVOOR GRAMA PANCHAYAT. EXHIBIT P5(B) THE COPY OF THE THREE PHOTOGRAPHS SHOWING THE CELLAR PORTION OF THE BUILDING OF THE PETITIONER. EXHIBIT P6 A ROUGH PLAN SHOWING THE PLINTH AREA OF EACH FLOOR AND THAT OF THE CELLAR PORTION OF THE BUILDING OF THE PETITIONER. EXHIBIT P7 THE COPY OF THE PROCEEDINGS NO.D1954/2014/6.DIS DATED 16/6/2017 OF THE 4TH RESPONDENT RDO. EXHIBIT P8 THE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DISTRICT COLLECTOR. EXHIBIT P9 THE COPY OF THE ORDER NO.B2/B10(1) RESPONDENT.