Partly allowed

N.P.Selvaraj v. State of Kerala

Kerala HC19 Feb 2019WP(C)/2615/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the Municipality's notice requiring additional documents for a change of registry application, the Court granted the petitioner liberty to submit the documents within three weeks, with the Municipality to finalize the matter within a month thereafter.

What did the court decide?

Petitioner granted liberty to submit documents within three weeks; Municipality to finalize application within a month thereafter.

N.P.Selvaraj Vs State of Kerala — Property and Title | Kerala HC (2019)

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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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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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WP(C).No. 2615 of 2019

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PETITIONER/S:

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1 N.P.SELVARAJ AGED 60 YEARS

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NADUVEETTIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN - 686 631.

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2 SHANTHAMMA SELVARAJ

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W/O.N.P.SELVARAJAN, NADUVEETIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN - 686 631.

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3 RAHUL.N.S. S/O.N.P.SELVARAJAN, NADUVEETTIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN - 686 631.

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4 RAJEEV.N.S. S/O.N.P.SELVARAJAN, NADUVETTIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN 686 631.

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BY ADVS.

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SRI.GINESH.P. SRI.IVANS C. CHAMAKKALA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENTS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE ETTUMANOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN- 686 631.

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3 THE SECRETARY ETTUMANOOR MUNICIPALITY, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN - 686 631.

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BY ADV. SRI.SIBY CHENAPPADY, SC, ETTUMANOOR MUNICIPALITY

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SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2615 of 2019

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JUDGMENT

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Petitioner, having purchased a parcel of property situate in Survey No.16/9, Block No.30 within Ettamanoor Municipality, along with a building has submitted an application before the Municipality seeking change of registry in the municipal records, which was rejected by the Municipality. It was taken in revision by the petitioner, before the Tribunal for Local Self Government Institutions. The Tribunal as per Ext.P9 order directed the Municipality to reconsider the application submitted by the petitioner. Thereupon petitioner has forwarded the application along with additional documents. However, as per Ext.P11, the Municipality directed the petitioner to produce some more documents in order to finalise the issue. It is thus challenging Ext.P11, this writ petition is filed.

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I have heard learned Counsel for the petitioner, learned Standing Counsel appearing for the Municipality and perused the pleadings and documents on record.

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Learned Counsel for the petitioner submitted that reasonable time may be granted to the petitioner to produce the documents as is requisited in Ext.P11.

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In that view of the matter, petitioner is given the liberty to submit the documents, as is called upon in Ext.P11, within a period of

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WP(C).No. 2615 of 2019

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three weeks from the date of receipt of a copy of this judgment, which if received shall be considered and finalised by the Municipality, within a month thereafter.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

Jm/

JUDGE

WP(C).No. 2615 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE SALE DEED REGISTERED AT SRO ETTUMANOOR DATED 05/02/2016. EXHIBIT P2 A TRUE COPY OF THE SALE DEED REGISTERED AT SRO ETTUMANOOR DATED 11/02/2016. EXHIBIT P3 A TRUE COPY OF LAND TAX RECEIPTS FOR THE PROPERTIES OF THE PETITIONER DATED 24/06/2016. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN O.S.NO.348/2001 PASSED BY THE SUB COURT AT KOTTAYAM DATED 07/03/2012. EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR KOTTAYAM DATED 08/10/2015. EXHIBIT P6 A TRUE COPY OF THE RECEIPTS OF THE PAYMENT OF PROPERTY TAX FOR THE BUILDING DATED 08/11/2018. EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE RESPONDENT NO.2 DATED 04/01/2017. EXHIBIT P8 A TRUE COPY OF THE DECISION OF THE FINANCE COMMITTEE OF THE ETTUMANOOR MUNICIPALITY DATED 30/03/2017. EXHIBIT P9 A TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 09/10/2018. EXHIBIT P10 A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER NO.3 TO THE RESPONDENT NO.3 DATED 03/12/2018.

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WP(C).No. 2615 of 2019

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EXHIBIT P11

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A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO.3 DATED 17/01/2019.

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EXHIBIT P12 A TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN RASHTRADEEPIKA DAILY DATED 19.1.2019

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EXT.P13 A TRUE COPY OF THE PHOTOGRAPH OF THE SHOP ROOMS

N.P.Selvaraj v. State of Kerala

Case brief

What is this about?

What did the court decide?

N.P.Selvaraj v. State of Kerala

Case brief

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