Disposed

V. Hassan Haji v. the Kozhikode Municipal Corporation

Kerala HC12 Nov 2018WP(C)/834/2018

Case brief

AI extract

What is this about?

This is a writ petition where the petitioner sought directions to the Corporation to consider pending applications for building numbering and completion certification. The Court directed the Secretary to finalise proceedings within a month, noting the closure of vigilance inquiries.

What did the court decide?

The Secretary of the 1st respondent directed to consider the completion plan and application for building numbering within one month.

V. Hassan Haji Vs the Kozhikode Municipal Corporation — Specific Performance | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940

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WP(C).No. 834 of 2018

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PETITIONER/S:

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V. HASSAN HAJI

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AGED 87 YEARS, S/O. LATE V.

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KUNHOYI,HIJAS,CHEVARAMBALAM P.O,KOZHIKODE DISTRICT, PIN 673 017.

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BY ADV. SRI.FRANCO T.J.

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RESPONDENT/S:

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1 THE KOZHIKODE MUNICIPAL CORPORATION REPRESENTED BY IT'S SECRETARY,BEACH ROAD, KOZHIKODE 673 001

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2 ASSISTANT ENGINEER KOZHIKODE MUNCIPAL CORPORATION,BEACH ROAD, KOZHIKODE 673 001.

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3 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER(AGRICULTURAL FIELD OFFICER),CHEVAYUR, KOZHIKODE-673 017

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4 THE VILLAGE OFFICER VILLAGE OFFICE,CHEVAYUR, KOZHIKODE-673 017.

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5 THE REVENUE DIVISIONAL OFFICER CIVIL STATION, KOZHIKODE-673 020

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BY ADVS.

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SRI.K.D.BABU,SC,KOZHIKODE CORPORATION R3 AND R4 GOVERNMENT PLEADER SMT.RAJI.T.BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 834 of 2018

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JUDGMENT

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Petitioner is the owner in possession of 23.77 cents of property in Survey No.274/3 of Chevayur Village, Kozhikode Taluk. Petitioner sought for a building permit and Ext.P9 building permit was issued for the construction of a commercial building. Thereafter, when petitioner approached the Municipality with a completion certification and an application for numbering the building, the same was not considered. It is thus seeking the following reliefs, the writ petition is filed.

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction to the 1^st respondent to consider the application dated 14.11.2016 submitted by the petitioner for numbering the building pending as file No.TP No.17/112004/16;

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ii) Issue such other order as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case.”

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It is also pointed out that pursuant to a vigilance enquiry, the building was given UA number. However, according to the petitioner, there is no defect in the building constructed by the petitioner and the same is in accordance with the Kerala Municipality Building Rules, 1999 and the conditions contained

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WP(C).No. 834 of 2018

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under permit issued to the petitioner. Therefore, there is no reason for the Corporation not to consider the application submitted by the petitioner, for occupancy and numbering of the building.

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Today when the matter is taken up, larned Counsel for the petitioner has also produced Ext.P17 by which it is evident that Vigilance has closed the proceedings initiated against the petitioner and has submitted a report before the Enquiry Commissioner and Special Judge, Kozhikode, dated 11.10.2018. Therefore, according to the petitioner, there is no inhibitions standing in the way to consider the application submitted by the petitioner as specified above.

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A detailed counter affidavit is filed by the Corporation justifying its stand, in not granting the occupancy certificate as well as the numbering of the building. Any how, since the vigilance case is over, evident from Ext.17, and the applications submitted by the petitioner are pending consideration before the Secretary of the Corporation, necessary directions are to be issued to the Secretary of the Corporation to finalise the proceedings.

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Having heard respective Counsel across the Bar and perusing the pleadings and documents on record, there will be a direction to the Secretary of the 1^st respondent to consider the

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WP(C).No. 834 of 2018

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completion plan as well as the application submitted by the petitioner for numbering the building, at the earliest and at any rate within a month from the date of receipt of a copy of this judgment, also taking note of the report submitted by the vigilance evident from Ext.P17, if required after securing participation of the petitioner.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 834 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 05/12/2016 ISSUED BY THE VILLAGE OFFICER, CHEVAYUR VILLAGE IN FAVOUR OF THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29/04/2014 ISSUED BY THE VILLAGE OFFICER, CHEVAYUR VILLAGE IN FAVOUR OF THE PETITIONER

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EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 09/02/2001 ISSUED FOR BUILDING NO.33/4915

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EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT DATED 26/04/2012 FOR BUILDING NUMBERS 33/4917

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EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 26/04/2012 FOR BUILDING NUMBER 33/4918.

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EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 26/04/2012 FOR BUILDING NUMBER 33/4919.

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EXHIBIT P7 TRUE COPY OF THE JEMA CANCELLATION PROCEEDINGS OF THE 1ST RESPONDENT DATED 15/12/2014

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EXHIBIT P8 TRUE COPY OF THE JEMA CANCELLATION PROCEEDING OF THE 1ST RESPONDENT DATED 19/01/2016

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EXHIBIT P9 TRUE COPY OF THE BUILDING PERMIT DATED 08/06/2015 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT P10 PHOTOGRAPHS SHOWING THE COMPLETION OF THE CONSTRUCTION OF COMEMRCIAL BUILDING IN THE PETITIONER'S PROPERTY. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 19/04/2017 TO THE 1ST RESPONDENT

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EXHIBIT P12 TRUE COPY OF THE DECISION TAKEN IN THE ADALATH COUNTER SIGNED BY THE PRINCIPAL SECRETARY (LSGD) DATED 24/04/2017

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WP(C).No. 834 of 2018

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EXT.P13: COPY OF THE FINAL ORDER DATED 29.3.2016 ISSUED BY THE 1ST RESPONDENT.

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EXT.P14: COPY OF THE FIR ALONG WITH THE FIRST INFORMATION IN CRIME NO.7/2016 WAS REGISTERED BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE, KOZHIKODE)

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EXT.P15: COPY OF THE APPLICATION FOR D & O LICENCE SUBMITTED BY THE PETITIONER ON 13/3/2018 BEFORE THE 1ST RESPONDENT.

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EXT.P16: COPY OF THE PROCEEDINGS SHOWING THE REJECTION OF EXT.P15 APPLICATION.

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EXT.P17: COPY OF THE FINAL REPORT DATED 11.10.018 SUBMITTED BY THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, KOZHIKODE.

V. Hassan Haji v. the Kozhikode Municipal Corporation

Case brief

What is this about?

What did the court decide?

V. Hassan Haji v. the Kozhikode Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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