Petitioner sought directions for property demarcation and building numbering to obtain an Occupancy Certificate. Dispute lay with his wife, wife having filed a Family Court O.P. claiming rights to entire property. Court held seeking further direction was inappropriate as civil dispute was pending, dismissing the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
WP(C) NO. 4464 OF 2023
PETITIONER:
DENNY K G AGED 47 YEARS KANDATHIL HOUSE VENGALLOOR KARA KUMARAMANGALAM VILLAGE THODUPUZHA, VENGALLOOR P O IDUKKI – 685608.
BY ADVS. V.RAJENDRAN (PERUMBAVOOR) N.RAJESH GOPAKUMAR P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY LOCAL ADIMINISTRATION SECRETARIAT THIRUVANANTHAPURAM, PIN – 695001.
2 THODUPUZHA MUNICIPALITY
REP. BY SECRETARY THODUPUZHA MUNICIPAL OFFICE THODUPUZHA P O, PIN – 685608.
3 SECRETARY THODUPUZHA MUNICIPALITY THODUPUZHA MUNICIPAL OFFICE THODUPUZHA P O, PIN – 685608.
4 BINDHU B J AGED 43 YEARS D/O JOSEPH AND W/O DENNY K G KANDATHIL HOUSE VENGALLOOR KARA VENGALLOOR VILLAGE KUMARAMANGALAM VILLAGE THODUPUZHA VENGALLOOR P O - 685608 NOW RESIDING AT SKYLINE HILL VIEW 13D, MUTTAMBALAM, KANJIKKUZHY.P.O. KOTTAYAM DISTRICT, PIN – 685602.
W.P.(C) No.4464 of 2023
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BY ADVS. UNNIKRISHNAN V ALAPATT, STANDING COUNSEL N.AJITH K.JAYAKUMAR RESHMI. K. M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.4464 of 2023
J U D G M E N T
Dated this the 3rd day of August, 2023
The petitioner states that Exts.P1 and P2 properties belong to the petitioner. Ext.P1 property was purchased in the name of the petitioner and Ext.P2 property was purchased in the name of
the 4th respondent, who is the wife of the petitioner. Both properties are lying together.
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Occupancy Certificate, the Municipal Authorities have not issued Occupancy Certificate on the ground that there are disputes pending before the Civil Court.
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compellable to demarcate the property of the petitioner and number the building which stands in the name of the petitioner. The delay in issuance of Occupancy Certificate would adversely affect the petitioner, as the petitioner has constructed the building availing huge finances / loans.
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W.P.(C) No.4464 of 2023
in the name of the petitioner.
Petition before the Family Court, claiming right over the entire property and the buildings situated thereon. As the civil dispute is pending, the prayer of the petitioner for numbering the building or for issuance of Occupancy Certificate is not liable to be granted. The writ petition is without merit and is liable to be dismissed, contended the 4th respondent.
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property was purchased in the name of the petitioner and Ext.P2 property was purchased in the name of the 4th respondent, wife. A building was constructed in the property and a part of the building is situated in the property of the 4th respondent.
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petitioner under Ext.P1.
approached the Family Court and filed O.P.No.15/2022 before the Family Court, Thodupuzha, claiming the right over the entire property, it will not be appropriate to give a direction to the Municipal Authorities or Surveyor to demarcate the property and assign Building Number to that part of the building which the petitioner claims title over.
For all the above reasons, the prayers sought for by the petitioner in the writ petition are not liable to be granted. The writ petition fails and it is accordingly dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
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W.P.(C) No.4464 of 2023
APPENDIX OF WP(C) 4464/2023
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY 01.03.2012 THE PETITIO |
OF SALE DEED NO. 656 DATED OF THODUPUZHA SRO IN FAVOUR OF NER. |
|---|---|---|
| Exhibit P2 | TRUE COPY 01.03.2012 4TH RESPOND |
OF SALE DEED NO. 657 DATED OF THODUPUZHA SRO IN THE NAME OF ENT. |
| Exhibit P3 | TRUE COPY BA(264631) |
OF BUILDING PERMIT NO. PW2- DATED 13.11.2018 ISSUED BY THE |
| 2ND RESPO PETITIONER |
NDENT IN THE JOINT NAMES OF AND 4TH RESPONDENT |
|
| Exhibit P4 | TRUE COPY DATED 25.01 SERVICE CO- |
OF CERTIFICATE NO. 16/56/1496 .2023 ISSUED FROM THODUPUZHA TOWN OPERATIVE BANK LTD. |
| Exhibit P5 | TRUE COPY O SERVICE CO- 25.01.2023. |
F CERTIFICATE ISSUED FROM ALAKODE OPERATIVE BANK LTD NO. 1588 DATED |
| Exhibit P6 | TRUE COPY NO. 15/22 THODUPUZHA. |
OF ORDER IN I.A NO. 2/22 IN O.P DATED 14.02.2022 OF FAMILY COURT, |
| Exhibit P7 | PHOTOGRAPHS PETITIONER |
OF THE BUILDING OF THE (4 IN NUMBERS) |
| Exhibit P8 | TRUE COPY RESPONDENT 3.1.23 EVID ISSUE OF CO |
OF RECEIPT ISSUED BY 2ND MUNICIPALITY TO THE PETITIONER ON ENCING RECEIPT OF APPLICATION FOR MPLETION CERTIFICATE & OCCUPANCY. |
| Exhibit P9 | TRUE COPY DATED 20. RESPONDENT |
OF NOTICE NO. PW4-BA-560/18-19 01.2023 ISSUED BY THE 2ND TO THE PETITIONER. |
| Exhibit P10 | TRUE COPY | OF SALE DEED NO.2352/18 OF |
| KARIKODE S | RO DATED 7.9.2018 EXECUTED BY ME |
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W.P.(C) No.4464 of 2023
IN FAVOUR OF SMT.MARIYA BABY. Exhibit P11 TRUE COPY OF SALE DEED NO.486/19 DATED 18.3.2019 OF RAJAKUMARI SRO EXECUTED BY ME IN FAVOUR OF MR.VINOD. Exhibit P12 TRUE COPY OF AGREEMENT FOR SALE DATED 28.07.2021 ENTERED INTO BETWEEN MYSELF AND MR. AJAYAKUMAR .
2 issues framed by the court
Whether the High Court can direct demarcation of disputed properties and issuance of building number pending a Family Court dispute.
Whether the petitioner is entitled to an Occupancy Certificate when a civil suit regarding the same property is pending.
Denny K G
State of Kerala
Thodupuzha Municipality
Secretary Thodupuzha Municipality
Bindhu B J
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
