High Court Kerala High Court

Muhammed Haji vs Malappuram Municipality on 7 April, 2010

Kerala High Court
Muhammed Haji vs Malappuram Municipality on 7 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12233 of 2010(D)


1. MUHAMMED HAJI,
                      ...  Petitioner

                        Vs



1. MALAPPURAM MUNICIPALITY, REP. BY
                       ...       Respondent

2. SECRETARY,

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/04/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 12233 OF 2010 (D)
                =====================

             Dated this the 7th day of April, 2010

                         J U D G M E N T

Petitioner submits that in their property comprised in

Sy.No.268 of Melmuri Village in Eranadu Taluk, they want to

undertake certain constructions. For the said purpose, they

wanted to obtain building permit from the respondent

Municipality. It is stated that although application was tendered

to the Secretary of the Municipality, that was refused to be

accepted for the reason that in the revenue records, the property

has been described as Nilam. According to the petitioner, the

property is not a wet land but is a garden land. It is stated that

this fact can be verified if an inspection of the property is

conducted. It is also their case that in the property, there already

exists a building.

2. Whatever be the reason, if the petitioner wants to

make an application for a building permit, it is the duty of the 1st

respondent to accept the application and consider the same in

accordance with law and in particular, the judgment of this Court

in Shahanaz Shukkoor v. Chelannur Grama Panchayat

WPC No. 12233/10
:2 :

(2009(3) KLT 899).

3. Having regard to the complaint of the petitioner that

the 1st respondent has refused to accept the application, it is

directed that it will be open to the petitioner to submit the

application afresh and the 1st respondent shall consider the same

in accordance with law, and in particular, the judgment referred to

above and pass orders thereon. It is also directed that the

petitioner shall produce the revenue records and such other

documents supporting his case, in which event, that will also be

adverted to.

4. Petitioner shall produce a copy of this judgment along

with a copy of this writ petition before the 1st respondent for

compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp