IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25056 of 2009(B)
1. V.P.MADHAVI, AGED 60,
... Petitioner
Vs
1. THE TIRUR MUNICIPALITY,TIRUR,
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :01/02/2010
O R D E R
ANTONY DOMINIC, J
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W.P.(C).25056/2009
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Dated this the 1st day of February, 2010
JUDGMENT
1. Petitioner’s grievance is that the respondent Municipality is
not accepting Ext.P4 application submitted by her for obtaining
permit for constructing a house in the plot mentioned in the
application. It is stated that the petitioner has derived title as
per Exts.P1 and Ext.P3, the certificate of possession of her
property. According to the petitioner, there already existed a
house for the last 40 years and the petitioner intends to
reconstruct a house by demolishing the existing one. Petitioner
refers to Exts.P5 to P7 to support her contentions that she is
residing in the house in existence of her property.
2. Despite service of notice, there is no representation on
behalf of the respondent Municipality.
3. If as stated by the petitioner, she is residing in the house
which is already in existence and intends to reconstruct the
house, as the property of the petitioner is shown as ‘Nancha’,
W.P.(C).25056/09
2
the property has to be inspected and the actual state of affairs
should be ascertained by the 1st respondent and orders on the
application shall be passed on that basis.
4. In view of the above, I dispose of this writ petition directing
that it will be open to the petitioner to produce Ext.P4 application
and supporting documents before the 1st respondent and if such
an application was tendered that will be accepted, property will
be inspected and orders will be passed on Ext.P4 application in
the light of the aforesaid observations. Orders shall be passed
as above, as expeditiously as possible, at any rate, within four
weeks of production of a copy of this judgment.
ANTONY DOMINIC,
Judge
mrcs