IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 12759 of 2009(L) 1. AJITH KUMAR, ... Petitioner 2. C.S.BALRAM, Vs 1. PALAKKAD MUNICIPALITY, ... Respondent 2. PALAKKAD MUNICIPALITY, For Petitioner :SRI.P.R.VENKETESH For Respondent : No Appearance The Hon'ble MR. Justice V.K.MOHANAN Dated :24/04/2009 O R D E R V.K.MOHANAN, J. --------------------------------------- W.P.(C) No.12759 OF 2009 --------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT
The first petitioner is the landlord of a building situated
in 20 cents of property in Ward No.II, Block No.19 of the
Kallepullly in Palakkad Municipal limit and he had put up a
shed in the northern portion of the property and it is rented
out to the second petitioner. According to the petitioners, the
shed was constructed after obtaining valid building permit
from the respondent Municipality as evidenced by Ext.P3.
Present grievance of the petitioners is that, the respondents
are not numbering the building constructed on the basis of
Ext.P3 permit. The further case of the petitioners is that the
application dated 20.03.2009 filed by the petitioners for
numbering the building was returned along with Ext.P6.
According to the petitioners, the above approach of the
respondents is highly illegal and arbitrary and hence, they
approached this court with a prayer for a direction to the
respondents to number the building after receiving their
application for the same.
W.P.(C) No.12759 of 2009
2. I have heard the learned counsel for the petitioners.
Having regard to the facts and circumstances involved in the
case, I am of the view that without going into the merits of the
case, the respondents can be directed to reconsider the matter
in an appeal on being moved by the petitioners under Section
509 of the Kerala Municipality Act, 1994.
3. In the result, the petitioners are relegated to approach
the respondents by filing an appeal under Section 509 of the
Kerala Municipality Act, 1994 with a prayer for numbering the
building with all necessary materials and they are further
directed to file such an appeal within one month from today
and to produce copy of this judgment along with such appeal
before the respondents who in turn shall consider the same on
merit and dispose of it within 45 days. The respondents are
further directed to maintain the status quo in case an appeal is
preferred as aforesaid and till the disposal of such appeal.
The writ petition is disposed of accordingly.