IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 19053 of 2008(R) --------------------------------------- PETITIONER: ------------------- RIJU MUKUNDAN, S/O.MUKUNDAN, THEVARATHOPPU VEEDU, T.B.JUNCTION, ATTINGAL P.O. BY ADV. SRI.R.ANILKUMAR SMT.P.RANI RESPONDENTS: ------------------------ 1. ATTINGAL MUNICIPALITY REP.BY SECRETARY, ATTINGAL MUNICIPAL OFFICE ATTINGAL P.O. 2. STATE OF KERALA REP.BY SECRETARY, LOCAL SELF GOVERNMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.R.ANANDAKUTTAN FOR R1 BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19053/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REGISTERED DOCUMENT NO.349/07 OF ATTINGAL SUB REGISTRY DT. 1.2.07. EXT.P2:- COPY OF THE LAND TAX RECEIPT. DT. 13.2.07. EXT.P3:- COPY OF THE JUDGMENT IN OS. NO.272/06 DISMISSING THE SUIT DT. 27.10.06. EXT.P4:- COPY OF THE LETTER ISSUED BY THE PREVIOUS LAND LORD OF THE SHOP ROOM. DT. 4.11.06. EXT.P5:- COPY OF THE LETTER NO.8297/06 DT. 17.10.06 ISSUED BY THE MUNICIPALITY DT. 17.10.06. EXT.P6:- COPY OF THE REQUEST MADE BY THE PETITIONER DT. 26.5.08. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.19053/2008 ----------------------------------------------------------- Dated this the 21st day of August, 2008 JUDGMENT Petitioner submits that he had purchased a shop room No.XI/311 of Attingal Municipality by Ext.P1 document. According to him, the title has mutated in his favour and he has paid tax also as per Ext.P2. Prior to his purchasing of the property, petitioner submits that, one Ramar was conducting a shop in the room in question and on the allegation that he was conducting the business without licence, Municipality initiated proceedings against the aforesaid Ramar and finally the shop was closed by the Municipality in 2006. 2. It is stated that the previous land lord had requested the Municipality to return the key of the room and the same was declined by the Municipality as per Ext.P5 for the reason that a suit was pending between the WP(c).No.19053/2008 2 Municipality and the aforesaid occupier of the room. Petitioner submits that the suit was dismissed as withdrawn and therefore the reasons stated by the Municipality for refusing to return the key is no longer in existence. Thereafter the petitioner filed Ext.P6 representation requesting for the key and the Municipality has not taken any action and hence this writ petition has been filed. 2. The standing counsel for the Municipality submits before me that coming to know that Sri.Ramar was conducting a business in the shop in question without obtaining a licence, the Municipality had locked the room with its own lock and key. According to the standing counsel subsequently on an undertaking given by Sri. Ramar, the Municipality removed the lock and key and the room in open condition was entrusted to the Ramar. It is stated that the Municipality has not kept the room under lock and key as stated by the petitioner and therefore there is no question of the Municipality returning the key as prayed for WP(c).No.19053/2008 3 in the writ petition. 3. The writ petition is filed on the assumption that the room has been kept under lock and key by the Municipality and it is on that basis the petitioner seeks return of the key from the Municipality. From what is stated by the counsel for the Municipality, their stand appears to be that though they had initially locked the room, later the room was opened and was handed over to the former tenant. If that be so, since the Municipality has not kept the room under lock and key as contended by the petitioner, the direction sought for int his writ petition cannot be granted. Since the municipality is not in possession of any key as stated, it is for the petitioner to exercise his rights as the owner of the property. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.19053/2008 4