IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 2^ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 WP(C) NO. 28483 OF 2011 PETITIONERS:

1 JOSEPH P. KOCHUKUDY S/O.PAILEE, KOCHUKUDIYIL HOUSE,, EAST MARADY.P.O., MUVATTUPUZHA.

2 ADDL.P2.GEORGE JOSEPH, AGED 72 YEARS, S/O.LATE JOSEPH, KOCHUKUDY, KOCHUKUDIYIL HOUSE, EAST MARADY P.O., MUVATTUPUZHA-686 661.

3 ADDL.P3.EMIL GEORGE, AGED 37 YEARS, S/O.GEORGE JOSEPH, KOCHUKUDY, KOCHUKUDIYIL HOUSE, EAST MARADY P.O., MUVATTUPUZHA-686 661.(ADDL.P2 & P3 ARE IMPLEADED AS OER ORDER DATED 14-

11-2022 IN IA 1/2022)

BY ADVS.

SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS:

1 STATE REPRESENTED BY ITS SECRETARY,, LOCAL ADMINISTRATION, SECRETARIAT,, THIRUVANANTHAPURAM.

2 DISTRICT TOWN PLANNING OFFICE ERNAKULAM, REPRESENTED BY ITS SENIOR TOWN PLANNER.

3 MUVATTUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY.

4 SECRETARY MUVATTUPUZHA MUNICIPALITY, MUVATTUPUZHA.

BY ADVS.

GOVERNMENT PLEADER SC, MUVATTUPUZHA MUNICIPALITY-B/O RAJAN T R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANU SIVARAMAN, J.

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W.P.(C) No.28483 of 2011 =========================

Dated this the 2^nd day of June, 2023

JUDGMENT

This writ petition is filed seeking directions to the 4^th respondent to assign building number to the

2^nd floor of the petitioner's building without delay. 2. It is submitted by the learned counsel for the petitioner that on the basis of Exhibit P13 report submitted by the Municipality, an interim order was passed on 19.12.2011, requiring the assignment of number to the building, provisionally, subject to the result of the writ petition. It is submitted by learned counsel for the petitioner that the original petitioner had passed away and that his legal representatives were impleaded as petitioners in this writ petition.

3. It is submitted by the learned counsel for the Municipality that a complaint had been raised by one Jaffar Sadique and that the matter is pending before the Government.

4. No counter affidavit is on record at the instance either of the Municipality or Government. The writ petition has been pending since 2011 with an interim order to provisionally number the building.

In the above circumstances, this writ petition is closed in the light of the interim order dated 19.12.2011. However, in case any orders have been passed by the Government, they have not considered the legality of any such orders.

Sd/-

ANU SIVARAMAN JUDGE SSK/02/06 APPENDIX PETITIONER'S EXHIBITS:

Exhibit P1 Copy of Sale Deed No. 3282/1997 Ext.P-1(a) Copy of Sale Deed No. 4521/2006 Exhibit P2 Copy of the Counter Affidavit filed by the Petitioner in O.P.2045/2000 Exhibit P2(a) Copy of Judgement dated 13.11.2003 in O.P.2045/2000 Exhibit P3 Copy of Judgement in O.S.No.430/1998 Exhibit P4 Copy of Judgement dated 31.1.2006 in O.S.No.421/2002 Exhibit P5 Copy of the approved plan issued by the third Respondent Exhibit P5(a) Copy of the permit issued by the third Respondent Exhibit P6 Copy of the Judgement dated 24.3.2006 in W.P. (C) No.8870/2006 Exhibit P7 Copy of the order dated 20.7.2006 of the third Respondent Exhibit P8 Copy of the NOC issued by the Fire Service Department Exhibit P9 Copy of the permit dated 20.11.2006 issued by the third Respondent for the construction of the second floor Exhibit P10 Copy of the approved plan issued by the third Respondent for the construction of the second floor Exhibit P11 Copy of the building tax receipts evidencing the payment property tax for building number 120 J, J1 & K, K1for the period 2010-2011 Exhibit P11(a) Copy of the building tax receipts evidencing the payment property tax for building number 120 K & K1 for the period

2010-2011 Exhibit P12 Copy of the order No.BA 156/05-06 dated 31.12.2008 of the third Respondent Exhibit P13 Copy of the communication dated

17.12.2009 of the third Respondent to the Government Exhibit P14 Copy of the r