A ABDUL RASHEED Vs. ALAPPUZHA MUNICIPALITY

JUDGEMENT

(1.) The petitioners challenge Exhibit P11, as confirmed by Exhibit P24 order of the Tribunal for Local Self Government Institutions [for brevity "Tribunal"] and Exhibit P23, which, the petitioners allege, was never served on the petitioners, but was produced before the Tribunal.

(2.) The question raised in the writ petition essentially is the denial of consideration of an application for building permit, to construct a wall on the southern and eastern boundaries of the properties owned by the petitioners, covered by Exhibits P1 and P2; the total extent of which is 1.13 Acres. The petitioners contend that the said properties are lying contiguous to the properties owned by the respondent-Municipality. The respondent-Municipality contends that there is no such property available and the petitioners have fraudulently created Exhibits P1 and P2, to reduce the property of the Municipality into their possession. Both the petitioners and the Municipality have purchased from parties; who trace their title to a partition deed of 1957. Though the claim is for the construction of a wall and consideration of a building permit, the petitioners in fact, by way of the writ petition, seek to assert their title over the properties covered by Exhibits P1 and P2 title deeds; over which properties the Municipality too raise a claim.

(3.) The learned Counsel appearing for the petitioners has painstakingly taken me through the documents to assert title over the 1.13 Acres comprised in Survey No.578/2A of Alappuzha West Village, now comprised in Re-survey No.81 of Block 53 (Exhibits P1 and P2). The petitioners trace their vendors' title to the deed produced as Exhibit P17, which is a partition deed of 1956, in which the vendors are described as the 'second branch'. The entire properties existed in the name of one Raman Vasudevan, who is said to be the 'Karanavar' of the tharawad; to which tharawad belonged the property. The respondent-Municipality trace the title of their vendors, to that of the "first branch' referred to in the very same partition deed.