IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 12821 of 2009(W) --------------------------------------- PETITIONER(S): --------------------- RUBY JOSEPH, AGED 41 YEARS, D/O. JOSEPH, THACHIL HOUSE, OLD TREASURY ROAD, ANGAMALY.P.O., ERNAKULAM DISTRICT-683 572. BY ADV. SMT.P.USHAKUMARI RESPONDENT(S): ------------------------- 1. ANGAMALY MUNICIPALITY, ANGAMALY. REP. BY ITS SECRETARY. 2. PAULACHAN. P.C., S/O. CHAKKAPPAN, PAREKKATTIL HOUSE, PEECHANIKKAD, PULIYANAM.P.O., ANGAMALY. P.O., ERNAKULAM DISTRICT. R1 BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, ADV. MR.S.SHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12821/2009-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SKETCH SHOWING THE PROPERTY SOLD TO THE 2ND RESPONDENT AND THE PROPERTY OWNED BY THE PETITIONER. EXT.P2: COPY OF THE ORDER DATED 13/03/2008 IN I.A. NO.587/2008 IN O.S. NO.112/2008 OF THE MUNSIFF COURT, ALUVA. EXT.P3: COPY OF THE BUILDING PERMIT NO.BA.187/07-08 DATED 29/10/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DATED 20/03/2009 IN CONT. CASE (C) NO.225/2009 OF THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P5: COPY OF THE OCCUPANCY CERTIFICATE DATED 22/01/2009 ISSUED BY THE 1ST RESPONDENT UNDER KERALA BUILDING RULES APPENDIX I (SEE RULE 12(2)(g) AND 13(3). EXT.P6: COPY OF THE PETITION NO.BA.187/07-08 DATED 26/02/2008 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, ANGAMALY. EXT.P7: COPY OF THE SKETCH SUBMITTED BY THE TALUK SURVEYOR TO THE MUNICPAL OFFICE. EXT.P8: COPY OF THE NOTICE NO.BA.187/07-08 DTD. 23/04/2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE PROCEEDINGS OF THE ANGAMALY MUNICIPALITY OF THE FILE NO.BA.187/07-08. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE SKETCH SUBMITTED BY THE TALUK SURVEYOR DATED 08/09/2008. //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12821 OF 2009 ------------------------------------------- Dated this the 1st day of July, 2009 JUDGMENT The grievance of the petitioner is regarding the alleged refusal to number a building. There are disputes between the petitioner, the neighbour and the second respondent. Those disputes are governed by decrees of civil courts and matters are stated to be pending before superior courts. As of now, the first respondent has acted on the basis of the decisions of the civil courts as they stands and has numbered the building. Hence, nothing survives in this writ petition. The action taken by the Municipality, as stated above, is recorded. Without prejudice to the right if any, of the second respondent to seek redressal before the competent courts, this writ petition is closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/7.