Ajith Kumar vs Palakkad Municipality on 24 April, 2009

       

  

  

 
 
  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.
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                  W.P.(C) No.12759 OF 2009
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             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

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.

V.K.MOHANAN
JUDGE
pac