JUDGMENT

The case set up in the Writ Petition (Civil) is as follows :

That the petitioner is the owner of a shopping complex namely ‘123 Mall’

spread over Cellar + Ground + 1 to 4 floors at Vadakara, Kozhikode. The building is situated in Re Survey No. 60/8 of Vadakara Village having an extent of 48.38 cents. It is submitted that petitioner purchased the property in the year 2002 along with Cellar +Ground + 1st and 2nd floors on the strength of various title deeds from different persons since construction of the building was abandoned by the contractor. Subsequent to the purchase the petitioner constructed the third floor and municipality has allotted number upto the said floor. Thereafter in order to protect the building from sun and rain he laid roofing sheet over the building. Later petitioner covered all sides as a portion of terrace was taken on rent by a fitness centre. The Municipality numbered the said portion as unauthorised so as to assess the same for property tax. The petitioner has arranged all facilities such as lifts and fire fighting equipments in the building. Apart from that the building is surrounded by public roads on all sides as revealed from Exts.P7 to P10 serie