IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 33873 of 2010(H) ---------------------------------------- PETITIONER(S): ------------------------- SRI.KURUNIYAN MUHAMED ANWAR, S/O.SAIDU, AGED 45 YEARS, MATTATHOOR.P.O., OTHUKKUNGAL, MALAPPURAM DISTRICT. BY ADVS. SRI.NIRMAL. S., SMT.VEENA HARI. RESPONDENT(S): --------------------------- 1. THE SECRETARY, OTHUKKUNGAL GRAMA PANCHAYAT, P.O.OTHUKKUNGAL, MALAPPURAM DISTRICT - 676 528. 2. P.V.VELAYUDHAN, AGED 65 YEARS, S/O.VELUKUTTY, POOVATTPARAMBATH HOUSE, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 3. P.DEVADASAN, S/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 4. SYAMALA.P.P., D/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 5. RAJAN.P.P., S/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. Kss ..2/- ..2.... WPC.NO.33873/2010 H 6. NALINI.P.P., D/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 7. SUJATHA.P.P., D/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 8. RAVI.P.P., S/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. 9. SARASWATHI.M., W/O.VELAYUDHAN, POOVATTPARAMBATH, P.O.MATTATHOOR, MALAPPURAM DISTRICT - 676 528. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33873 OF 2010 -------------------------- Dated this the 10th day of November, 2010 J U D G M E N T Ext.P6 letter sent by the first respondent to the third respondent and others informing them that their application for regularisation of the construction of a residential building in the lands situated in Survey No.183/01 of Othukkungal Village in Malappuram district stands allowed is under challenge in this writ petition. 2. The Secretary had earlier passed an order of regularisation on an application filed by the third respondent before him. That order was challenged by the petitioner in an appeal before the Tribunal for Local Self Government Institutions on the ground that the application is signed by an incompetent person. By Ext.P2 order passed on 22.4.2010, the Tribunal held that as the application was not signed by all the co-owners it should have been rejected. The Tribunal held that if a proper application for regularisation is submitted by all the co-owners of the property, the same shall be disposed of in terms of Rule 146 of the Kerala Municipality Building Rules. Ext.P6 order was thereafter passed evidently on an WPC No.33873/2010 2 application submitted by all the co-owners. The petitioner challenges Ext.P6 essentially on the ground that before it was passed, he was not put on notice or heard. 3. The pleadings disclose that the claim made by the petitioner that he is the owner of the land where the building is put up was rejected by the Court of the Munsiff of Tirur which dismissed O.S. No. 107 of 2004 filed by him in that regard and that A.S. No. 113 of 2009 filed by him is pending before the Sub Court, Tirur. As the competent civil court has already found that the petitioner has no title to the land where the building is situated, I am of the opinion that the petitioner had no right to be put on notice or heard before the application for regularisation submitted by the third respondent and others was allowed. I therefore find no grounds to entertain the plea raised by the petitioner that failure to put him on notice vitiates Ext.P6. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.33873/2010 3 WPC No.33873/2010 4