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Ambalakandi Babeena v. the Ferok Municipality

Kerala HC18 Jan 2021WP(C)/114/2021

Case brief

AI extract

What is this about?

The Kerala High Court directed the respondent Municipality to consider the petitioner's application for building numbering without insisting on revenue records showing land nature change, relying on an existing building permit.

What did the court decide?

Directed the 1st respondent Municipality to consider the petitioner's application for building numbering without insisting on documents showing land nature change in revenue records.

Ambalakandi Babeena Vs the Ferok Municipality — Property and Title | Kerala HC (2021)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

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WP(C).No.114 OF 2021(L)

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PETITIONER:

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AMBALAKANDI BABEENA

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AGED 29 YEARS

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D/O. ABDUL GAFOOR, ALFA NIVAS, FEROKE P.O, KOZHIKODE DISTRICT.

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BY ADVS.

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SRI.M.PROMODH KUMAR SMT.MAYA CHANDRAN

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RESPONDENTS:

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1 THE FEROK MUNICIPALITY

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REP. BY ITS SECRETARY, FEROKE P.O, KOZHIKODE DISTRICT673 631.

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2 AGRICULTURAL OFFICER, KRISHIBHAVAN, FEROKE P.O, KOZHIKODE DISTRICT-673 631

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3 VILLAGE OFFICER, FEROKE VILLAGE, KOZHIKODE DISTRICT-673 631

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BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN, BY ADV.SRI.P.C SASIDHARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.114 of 2021

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JUDGMENT

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The petitioner has approached this Court seeking a direction to the respondent Municipality to consider the application for numbering a building that is already constructed by the petitioner based on a building permit issued to her by the respondent Municipality without insisting on any document evidencing the change and nature of the land in the revenue records.

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On a consideration of the averments in the Writ Petition, I find that the petitioner had already obtained a building permit for construction of the first floor of a building on land which is not included in the land data bank prepared for the region. Under the said circumstances, I am of the view that the application for numbering the building cannot be deferred, on the ground that the nature of the land as appearing in the revenue records is not such as would entitle the petitioner to put up a building thereon. The respondents having already issued a building permit to the petitioner they cannot now turnaround and contend that the building constructed by the petitioner would not be numbered. Accordingly, I dispose the Writ Petition by directing the 1^st respondent Municipality to consider and pass orders on the petitioner's application for numbering of the building without insisting on any document showing the change in the nature of the land in the revenue records. The 1^st respondent shall

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W.P(C).No.114 of 2021

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do the needful and pass orders as directed within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1^st respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/18.01.2021

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W.P(C).No.114 of 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 01.02.2003. EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 08.06.2015. EXHIBIT P3 THE OWNERSHIP CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 08.03.2018. EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 19.01.2019. EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 26.08.2019. EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECOND RESPONDENT DATED 23.09.2019.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Ambalakandi Babeena v. the Ferok Municipality

Case brief

What is this about?

What did the court decide?

Ambalakandi Babeena v. the Ferok Municipality

Case brief

What is this about?

What did the court decide?

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