IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(C).No. 12759 of 2009(L) ----------------------------------- PETITIONERS : ---------------------- 1. AJITH KUMAR, LAL COTTAGE, PUTHUR, PALAKKAD DISTRICT. 2. C.S.BALRAM, COCHIN STEEL CORPORATION, BOC ROAD, PALAKKAD. BY ADV. SRI.P.R.VENKATESH RESPONDENTS: ----------------------- 1. PALAKKAD MUNICIPALITY, REP. BY ITS SECRETARY, PALAKKAD, PALAKKAD P.O. 2. PALAKKAD MUNICIPALITY, REP. BY THE CHAIR PERSON, PALAKKAD MUNICIPALITY, PALAKKAD. ADV. SRI. T.C. SURESH MENON FOR R1 AND R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- W.P.(C) No.12759 OF 2009 --------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT The first petitioner is the landlord of a building situated in 20 cents of property in Ward No.II, Block No.19 of the Kallepullly in Palakkad Municipal limit and he had put up a shed in the northern portion of the property and it is rented out to the second petitioner. According to the petitioners, the shed was constructed after obtaining valid building permit from the respondent Municipality as evidenced by Ext.P3. Present grievance of the petitioners is that, the respondents are not numbering the building constructed on the basis of Ext.P3 permit. The further case of the petitioners is that the application dated 20.03.2009 filed by the petitioners for numbering the building was returned along with Ext.P6. According to the petitioners, the above approach of the respondents is highly illegal and arbitrary and hence, they approached this court with a prayer for a direction to the respondents to number the building after receiving their application for the same. W.P.(C) No.12759 of 2009 2 2. I have heard the learned counsel for the petitioners. Having regard to the facts and circumstances involved in the case, I am of the view that without going into the merits of the case, the respondents can be directed to reconsider the matter in an appeal on being moved by the petitioners under Section 509 of the Kerala Municipality Act, 1994. 3. In the result, the petitioners are relegated to approach the respondents by filing an appeal under Section 509 of the Kerala Municipality Act, 1994 with a prayer for numbering the building with all necessary materials and they are further directed to file such an appeal within one month from today and to produce copy of this judgment along with such appeal before the respondents who in turn shall consider the same on merit and dispose of it within 45 days. The respondents are further directed to maintain the status quo in case an appeal is preferred as aforesaid and till the disposal of such appeal. The writ petition is disposed of accordingly. V.K.MOHANAN JUDGE pac