SEBASTIAN M.D v. IRITTY MUNCIPALITY

IRITTY MUNCIPALITY REPRESENTED BY IT'S SECRETARY PUNNAD P.O, IRITTY, KANNUR DT:, PIN - 670703 THE SECRETARY IRITTY MUNCIPALITY, PUNNAD P.O,IRITTY, KANNUR DT:, PIN - 670703 THE DEPUTY TAHSILDAR IRITTY TALUK, IRITTY, KANNUR DT:, PIN - 670703 THE VILLAGE OFFICER KEEZHUR VILLAGE, IRITTY TALUK, IRITTY, KANNUR DT:, PIN - 670703 BY ADV SHRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).3960/2020, 28378/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO. 3960 OF 2020 PETITIONER/S: SEBASTIAN M.D AGED 41 YEARS LOYAL ABANA NIDHI LTD., S/O. DEVASSYA MUTTAPPALLIYIO, MUTTAPPALLIYIL (H), VEERAPPAD P.O., ARALAM, KANNUR-670 704 BY ADV LUKE J CHIRAYIL RESPONDENT/S: 1 2 3 4 MUNCIPAL SECRETARY, IRITTY MUNICIPALITY OFFICE, PUNNAD P.O., KANNUR-670 703 ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, IRITTY MUNICIPALITY , KANNUR-670 703 RVENUE INSPECTOR, TALUK OFFICE, GANDHI CIRCLE, SOUTH BAZAR,KANNUR- 670003 THAHSILDAR, IRITTY TALUK OFFICE, 1ST FLOOR, BUS STAND ROAD, IRITTY-670 703 BY ADV SRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).26824/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO. 28378 OF 2022 PETITIONER/S: MATHUKUTTY THOMAS AGED 58 YEARS S/O THOMAS, URUMBIL HOUSE, EDAPUZHA,AYYANKUNNU P.O, IRITTY TALUK,KANNUR DT., PIN - 670704 BY ADV LUKE J CHIRAYIL RESPONDENT/S: 1 2 IRITTY MUNCIPALITY REPRESENTED BY ITS SECRETARY PUNNAD P.O, KANNUR DT, PIN - 670703 THE SECRETARY IRITTY MUNCIPALITY, PUNNAD P.O, KANNUR DT, PIN - 670703 BY ADV SHRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).26824/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 4 JUDGMENT Dated this the 19th day of February, 2024 The present writ petitions have been filed by the petitioners under Article 226 of the Constitution of India.

2. The question whether a portion of particular building is used for commercial purposes or not is a question of fact and not a question of law, which requires any interference. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India should not interfere where only pure question of fact is involved. Against the orders impugned in these writ petitions, there is a remedy of statutory appeal. The petitioner instead of resorting in the remedy of statutory appeal has approached this Court under Article 226 of the Constitution of India.

3. This Court does not find any ground to interfere with the impugned orders in exercise of its jurisdiction under Article 226 of the Constitution of India inasmuch as there is no jurisdictional error is involved in WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 5 the impugned orders and orders do not appeared to be against law on the face of the record. In view thereof, these writ petitions are dismissed with liberty to the petitioner to approach the statutory appellate authority against the impugned orders, if he is so advised. If the petitioner files the appeals within a period of fifteen days from today before the appellate authority, the appellate authority shall consider the appeal in accordance with the law, without going into the question of limitation. Sd/- DINESH KUMAR SINGH JUDGE AP WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 6 APPENDIX OF WP(C) 26824/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P10(a) THE TRUE COPY OF THE SALE DEED DATED 11.2.2005 THE TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE KEEZHUR CHAVASSERY GRAMA PANCHAYAT (WHICH WAS LATER MERGED WITH 1ST RESPONDENT MUNICIPALITY) NUMBERED AS B.A 361/04-05 DATED 29.11.2004 A TRUE COPY OF LAYOUT SHOWING THE BUILDING NUMBERS ON THE 3RD FLOOR A TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD 2016-2019 DATED 01.06.2018 IN RESPECT OF BUILDING COVERED BY EXT.P2 PERMIT A TRUE COPY OF THE ORDER OF ASSESSMENT NO.C5.8254/10 DATED 9.3.2012 IN RESPECT OF BUILDING COVERED BY EXTP2 PERMIT A TRUE COPY OF THE OWNERSHIP CERTIFICATE NO.F.231/10 DATED 16.1.2010 ISSUED BY THE KEEZHUR-CHAVASSERY GRAMA PANCHAYAT WHICH IS THE PREDECESSOR OF 1ST RESPONDENT IN RESPECT OF BUILDING NO. 1613E-10 A TRUE COPY OF THE ORDER DATED 12.12.2019 DIRECTING THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, IRITTY MUNICIPALITY, TO SUPERVISE WHETHER DEMOLITION IS CARRIED OUT A TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HONBLE COURT DATED 12.02.2020 IN W.P. (C) NO.3960/2020 A TRUE COPY OF THE DEMAND NOTICE NO.R3- 3849/19 DATED 17.05.2021 ISSUED BY THE 2ND RESPONDENT A TRUE COPY OF THE SECTION 7 OF THE REVENUE RECOVERY DEMAND NOTICE RRC NO.2022/1050/13 DATED 27.4.2022 A TRUE COPY OF THE SECTION 34 OF THE REVENUE RECOVERY DEMAND NOTICE RRC NO.2022/1050/13 DATED, 27.4.2022 WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 7 APPENDIX OF WP(C) 3960/2020 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 RESPONDENT EXHIBITS EXHIBIT R1(A) EXHIBIT R1(B) THE TRUE COPY OF THE SALE DEED DATED 11.2.2005 THE TRUE COPY OF THE BUILDING PERMIT DATED 29.11.2004 THE TRUE COPY OF THE ORDER OF THE NOTICE DATED 19.6.2019 AND 1/10/2019 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12.12.2019 A layout showing the building numbers on the 3rd Floor A copy of the Property tax receipt issued by the 1st respondent for the period 2016- 2019 dated 01.06.2018 in respect of building covered by Ext.P2 permit A copy of the Order of Assessment No.C5.8254/10 dated 9.3.2012 in respect of building covered by ExtP2 Permit A copy of the property tax receipt dated 20.07.2019 issued to one Mathukutty Thomas to whom the petitioner sold one room (No.13/1613-E20) in the 3rd floor paid by the petitioner, for the period during the year 2019-2020 A copy of the Ownership Certificate No.F.231/10 dated 16.1.2010 issued by the Keezhur-Chavassery Grama Panchayat which is the predecessor of 1st respondent in respect of Building No. 1613E-10 PHOTOGRAPH OF THE CONSTRUCTION MADE BY THE PETITIONER TAKEN AT THE TIME OF INSPECTION. TRUE COPY OF THE LETTER NO.7301/D2/2015/V.I.G. DATED 10.8.2015 ISSUED BY THE GOVERNMENT OF KERALA. WPC Nos.26824 and 28378 of 2022 & 3960 of 2020 8 APPENDIX OF WP(C) 28378/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 A COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT NO.R3/8564/22 DATED 22.08.2022 THE TRUE COPY OF THE SALE DEED DATED 28.05.2019 THE TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE KEEZHUR CHAVASSERY GRAMA PANCHAYAT (WHICH WAS LATER MERGED WITH 1ST RESPONDENT MUNICIPALITY) NUMBERED AS B.A 361/04-05 DATED 29.11.2004 A COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT FOR THE PERIOD 2016- 2019 DATED 01.06.2018 IN RESPECT OF BUILDING OWNED BY THE PETITIONER WHICH IS COVERED BY EXT.P2 PERMIT A COPY OF THE PROPERTY TAX RECEIPT PAID BY THE PETITIONER DURING THE YEAR 2019-2020 WITH RESPECT TO HIS BUILDING NUMBERED AS 13/1613-E20 DATED 20.07.2019 TO THE 1ST RESPONDENT MUNICIPALITY