IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 37037 of 2007(H) -------------------------- PETITIONER: --------------- KANNOLI PATHU @ FATHIMA HAJJUMMA W/O. IBRAHI, MINARA, V.O. ROAD VATAKARA, KOZHIKODE. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- 1. THE SECRETARY, VATAKARA MUNCIPALITY P.O. VATAKARA, KOZHIKODE DISTRICT. 2. VATAKARA MUNCIPALITY REPRESENTED BY ITS SECRETARY, P.O. VATAKARA KOZHIKODE DISTRICT. 3. PERINGATI VAYALIL SULEKHA W/O.KUNHI ABU, 59 YEARS PUTHIYOTHIL PARAMBIL HOUSE VATAKARA AMSOM AND DESOM VATAKARA TALUK, KOZHIKODE DISTRICT (ADDL.R3 IMPLEADED AS PER ORDER DT.9.11.2009 IN IA NO.13060/09) ADV. SRI.R.SATISH KUMAR FOR R1 & R2 SRI.K.V.PAVITHRAN FOR ADDL.R3. SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL FOR ADDL.RES. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37037 OF 2007 & I.A.No.13060/09 ------------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT 1.This writ petition was filed way back in December, 2007, alleging that the Municipality is not numbering the building constructed by the petitioner. With the passage of time, this Court had granted an interim order to number the building provisionally. That has been done. The Municipality has placed a detailed statement on record, essentially disputing the claim of the petitioner to the title to the property, in the sense that the municipality alleges that the petitioner has encroached into a portion of the municipality's land in which a slaughter house stands. The applicant in I.A.13060/09 seeks impleadment on the ground that she, a neighbour, is aggrieved by the numbering of the building since the petitioner has allegedly trespassed on to her land also. It is submitted by learned counsel for the petitioner that civil suits are pending between the petitioner and the person seeking impleadment as WPC.37037/07 2 also the municipality. These facts will show that an abundantly fit case that could be considered only by a civil court has been metamorphosed into a writ petition for adjudication of mixed questions of facts relatable to title to property. 2.With the aforesaid, all that needs to be said is that the right of the writ petitioner to have the building protected, subject to the result of the suits, is to be maintained, that too, without prejudice to the municipality's powers to take further action if ultimately the building is found to be in violation of the approved plan, the relevant rules etc. For the aforesaid reasons, this I.A. is allowed directing impleadment and this writ petition is ordered directing that the interim order granted on 2.1.2008 shall remain absolute till disposal of the suits between the petitioner and the municipality as also the additional respondent. The status of the petitioner's building would be provisional and the WPC.37037/07 3 numbering shall also be provisional, however, with all liability to pay due taxes. The building would be liable to be interfered with by the municipality, in accordance with law, if the petitioner ultimately loses the civil litigations. It is clarified that all issues are left open and the civil court trying the matter will also be untrammelled by anything stated herein or the factum of the existence of the interim order which has been made absolute by this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/11.