High Court Kerala High Court

Sri.Kuruniyan Muhamed Anwar vs The Secretary on 10 November, 2010

Kerala High Court
Sri.Kuruniyan Muhamed Anwar vs The Secretary on 10 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33873 of 2010(H)


1. SRI.KURUNIYAN MUHAMED ANWAR,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

2. P.V.VELAYUDHAN, AGED 65 YEARS,

3. P.DEVADASAN,

4. SYAMALA.P.P.,

5. RAJAN.P.P.,

6. NALINI.P.P.,

7. SUJATHA.P.P.,

8. RAVI.P.P.,

9. SARASWATHI.M.,

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :10/11/2010

 O R D E R
                        P.N.RAVINDRAN, J.
                        ---------------------------
                     W.P.(C) No. 33873 OF 2010
                         --------------------------
             Dated this the 10th day of November, 2010

                          J U D G M E N T

Ext.P6 letter sent by the first respondent to the third

respondent and others informing them that their application for

regularisation of the construction of a residential building in the

lands situated in Survey No.183/01 of Othukkungal Village in

Malappuram district stands allowed is under challenge in this writ

petition.

2. The Secretary had earlier passed an order of regularisation

on an application filed by the third respondent before him. That

order was challenged by the petitioner in an appeal before the

Tribunal for Local Self Government Institutions on the ground that

the application is signed by an incompetent person. By Ext.P2 order

passed on 22.4.2010, the Tribunal held that as the application was

not signed by all the co-owners it should have been rejected. The

Tribunal held that if a proper application for regularisation is

submitted by all the co-owners of the property, the same shall be

disposed of in terms of Rule 146 of the Kerala Municipality Building

Rules. Ext.P6 order was thereafter passed evidently on an

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application submitted by all the co-owners. The petitioner challenges

Ext.P6 essentially on the ground that before it was passed, he was

not put on notice or heard.

3. The pleadings disclose that the claim made by the petitioner

that he is the owner of the land where the building is put up was

rejected by the Court of the Munsiff of Tirur which dismissed O.S. No.

107 of 2004 filed by him in that regard and that A.S. No. 113 of 2009

filed by him is pending before the Sub Court, Tirur. As the

competent civil court has already found that the petitioner has no title

to the land where the building is situated, I am of the opinion that the

petitioner had no right to be put on notice or heard before the

application for regularisation submitted by the third respondent and

others was allowed. I therefore find no grounds to entertain the plea

raised by the petitioner that failure to put him on notice vitiates

Ext.P6.

I accordingly hold that there is no merit in the writ petition. The

writ petition fails and is dismissed.

P.N.RAVINDRAN,
(JUDGE)
vps

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