IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10708 of 2009(G) -------------------------- PETITIONER(S): --------------- ILLIKKAL ANTHRU, ILLIKKAL HOUSE, P.O.KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. KUTHUPARAMBA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, P.O.KUTHUPARAMBA, KANNUR DISTRICT. 2. SECRETARY, KUTHUPARAMBA MUNICIPALITY MUNICIPAL OFFICE, P.O.KUTHUPARAMBA, KANNUR DISTRICT. 3. T.V.SAHADEVAN, S/O.KUNHIRAMAN, H.NO.3/130, EDAKKAD PANCHAYATH, CHALA P.O., KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.10708 of 2009 ================== Dated this the 1st day of April, 2009 J U D G M E N T The petitioner is challenging Ext.P11 order passed by the Secretary of the Kuthuparamba Municipality, whereby the petitioner's application for correction of the records of the Municipality regarding the ownership of a building has been rejected on the ground that there is a bona fide dispute retarding the title as between the petitioner and the 3rd respondent, which cannot be decided by the Secretary, but can only be decided in a civil suit. 2. I have heard the learned counsel for the petitioner. 3. From a reading of Ext.P11, it is abundantly clear that there is a genuine dispute between the petitioner on the one hand and the 3rd respondent on the other, regarding the title to the building in question. Certainly, the Secretary of the Municipality does not have any power to decide that question of title. That being so, the petitioner's remedy lies in filing a suit for establishing his right over the building as rightly directed by the Secretary in Ext.P11 order. Therefore, I do not find any merit in the challenge against Ext.P11 order. Accordingly, this writ petition is dismissed. However, I make it clear that after getting his title cleared through a civil suit, it would be open to the petitioner to approach the Secretary again for appropriate correction in the records of the Municipality. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2