IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30908 of 2011(K) ------------------------------- PETITIONER(S): ----------------------- 1. NAVAS MEERAN, S/O. M.E.MEERAN, MANALUMPARAYIL HOUSE, P.O.ADIMALY, IDUKKI-685 561. 2. FIROZ MEERAN, S/O. M.E.MEERAN, MANALUMPARAYIL HOUSE, P.O.ADIMALY, IDUKKI-685 561. 3. M.E.MOHAMED, RESIDING AT VILLA NO.9, SPRING TIDE VILLAS, TAGORE LANE, ELAMAKKARA P.O., KOCHI-682 026. 4. M/S. NASHER PROPERTIES PRIVATE LIMITED, 5B-1, EASTERN CORPORATE OFFICE 34/137 G, N.H.BYE PASS, EDAPPALLY, KOCHI-682 024, REPRESENTED BY ITS MANAGING DIRECTOR, SHERIN NAVA. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE BY ADVS. SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN RESPONDENT(S): ------------------------- 1. THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THRIKKAKARA P.O., KAKKANAD, KOCHI-682 021. 2. THE SECRETARY, THRIKKAKARA MUNICIPALITY, THRIKKAKARA P.O., KAKKANAD, KOCHI-682 021. BY ADV. SRI.S.SHANAVAS KHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30908/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 :- COPY OF THE SALE DEED DTD.31.12.09, EXECUTED BY THE KERALA STATE HOUSING BOARD IN FAVOUR OF THE 1ST PETITIONER. EXT.P2 :- COPY OF THE LEASE AGREEMENT DTD.4.6.10 EXECUTED BY THE 1ST PETITIONER IN FAVOUR OF THE 4THE PETITIONER. EXT.P3 :- COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE 1ST PETITIONER BEFORE THE THRIKKAKKARA PANCHAYAT. EXT.P4 :-COPY OF THE REPRESENTATION DATED NIL, SUBMITTED BY THE 1ST PETITIONER BEFORE THE THRIKKAKKARA PANCHAYAT. EXT.P5 :- COPY OF THE REPRESENTATION DATED NIL, SUBMITTED BY THE 2ND PETITIONER BEFORE THE THRIKKAKKARA PANCHAYAT. EXT.P6 :- COPY OF THE REPRESENTATION DATED NIL, SUBMITTED BY THE 3RD PETITIONER, BEFORE THE THRIKKAKKARA PANCHAYAT. EXT.P7 :- COPY OF THE APPLICATION DATED NIL, SUBMITTED BY THE M.E.MEERAN, BEFORE THE THRIKKAKKARA PANCHAYAT. EXT.P8 :- COPY OF THE RECEIPT NO.16893 DTD.19.11.2010 ISSUED BY THE THRIKKAKKARA PANCHAYAT, TO THE 1ST PETITIONER. EXT.P9 :-COPY OF THE CHART SHOWING THE TOTAL NUMBER OF 22 FLATS PURCHASED BY THE PETITIONERS FROM THE KERALA STATE HOUSING BOARD. EXT.P10:-COPY OF THE ENCUMBRANCE CERTIFICATE, GOVERNMENT OF KERALA, APPENDIX VII, (RULE 168 AND 169). EXT.P11:-COPY OF THE TAX RECEIPT NO.4285831, DTD.22.12.10 ISSUED BY THE VILLAGE OFFICER, KANAYANNUR TALUK. EXT.P12:-COPY OF THE POSSESSION CERTIFICATE NO.464/11 DTD.22.1.2011 ISSUED BY THE VILLAGE OFFICER, VAZHAKKALA, TO THE 1ST PETITIONER. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30908 OF 2011 ----------------------------------------------------------- Dated this the 21st November, 2011. JUDGMENT The petitioners 1 to 3 are the absolute owners of 22 units of residential flats in Block No:II of Thrikkakkara NRI Housing Accommodation Scheme. The fourth petitioner is a company which has taken over the flats for doing business from petitioners 1 to 3. They have submitted applications for permission to change the user of the property. The property was originally intended for housing accommodation while the petitioners want to use them for commercial purposes. The complaint of the petitioners is that no orders have been passed on the applications submitted by them, though they have followed up their applications with reminders. The petitioners therefore seek the issue of appropriate directions to the second respondent to consider and pass orders on their applications. 2. I have heard the counsel for the petitioner as well as the counsel for the Thrikkakkara Municipality. 3. Since the request of the petitioners for change of user of the property is pending consideration of the respondents, it is WPC 30908/2011 2 sufficient that this writ petition is disposed of directing the said authority to take a decision thereon, without delay. 4. In the above circumstances this writ petition is disposed of directing the second respondent to consider the application for change of user of land submitted by the petitioners and their representations, evidenced herein by Exts.P3 to P7 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners also. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 30908/2011 3