IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 28745 OF 2015 PETITIONER:

K.V.KUNHAHAMMED, AGED 65 YEARS KOORIMANNIL VILANGAPPURATH HOUSE, MANKADA, PALLIPPURAM P.O, MALAPPURAM DISTRICT BY ADVS.

SRI.K.ABDUL JAWAD SMT.V.K.ANJU SMT.P.M.CIGY SRI.MATHEW A KUZHALANADAN RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE SECRTARY TO GOVERNMENT,LOCAL SELF GOVERNMENT(RB) DEPARTMENT, GOVERNMENT SECRETARIATE,THIRUVANANTHAPURAM PIN 695 001

2 THE CHIEF TOWN PLANNER THIRUVANANTHAPURAM

3 THE MALAPPURAM MUNICIPALITY REPRESENTED BY ITS SECRETARY,MALAPPURAM

4 THE SECRTARY MALAPPURAM MUNICIPALITY,MALAPPURAM BY ADVS.

SRI RIYAL DEVASSY, GP ABDUL RASHEED K I, SC MALAPPURAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

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W.P(C).No.28745 of 2015 -------------------------------------------

Dated this the 11^th day of January, 2024

JUDGMENT

The above Writ Petition is filed with the following prayers:

(1) To call for the records leading to Exts-P8 and P9 and to quash them by issuing a writ of certiorari.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the remaining part of the building of the petitioner covered by Exts. P1 and P2, does not require regularisation and that the petitioner is entitled to get the building assigned with original numbers and assessed to tax;

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 4th respondent to assign the original numbers to the building concerned by Exts. Pi and P2 and make them assessed to tax;

(iv) To issue such other writ, direction or order that this Hon'ble Court may deem fit, just and necessary in the facts and circumstances of the case.

[SIC]

2. According to the petitioner, he was the owner in possession of 3 cents of land and building which was constructed more than three decades ago. It is further submitted that, in the year 2013, the Public Works Department acquired about ½ cents of land and a portion of building for widening the adjacent public road. The remaining land of the petitioner (2.5 cents) and the building except one room was left untouched is the submission. According to the petitioner, he is entitled to enjoy the same. The grievance of the petitioner is that the 4^th respondent cancelled all building numbers instead of cancelling the number of a single shop room, namely 18/365. According to the petitioner, upon the insistence of the 4^th respondent, the petitioner was forced to prefer an application for regularization. The application was not considered by the 1^st respondent and rejected the same vide Ext.P8 for the reason that, it violates the master plan, development plans and the provisions of the Municipality Act and Rules. The 4^th respondent issued Exts.P9 and P10 consequential orders also. Aggrieved by Exts.P8, P9 and P10, this Writ Petition is filed.

3. Heard learned counsel for the petitioner, the Government Pleader and the counsel appearing for the Municipality.

4. This Court perused Ext.P8 order passed by the 1^st respondent. The main contention of the petitioner is based on Ext.P7.

That is not even adverted in Ext.P8. Ext.P8 is not a speaking order. I am of the considered opinion that, Ext.P8 and the consequential orders are to be set aside. I make it clear that, I have not considered the matter on merits and the 1^st respondent is free to pass appropriate orders in accordance with law, after adverting Ext.P7 and other contentions raised by the petitioner.

Therefore, this Writ Petition is disposed of with the following directions:

a) Exts.P8, P9 and P10 are to be set aside.

b) The 1^st respondent is directed to reconsider the matter, after giving an opportunity of hearing to the petitioner and the Municipality, as expeditiously as possible, a