MUHAMMAD RAFEEQUE Vs. IRINJALAKUDA MUNICIPALITY

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession of 8.29 Ares of land in Sy. No. 677/3 of Manavalassery Village, covered by sale deed No. 767/2014 of Sub Registrar Office, Irinjalakkuda, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Secretary of the respondent Municipality to issue building permit in physical form by allowing Ext. P4 application dated 26.02.2019 for renewal of Ext. P2 building permit, in view of the statutory fiction contained in the Kerala Municipality Building Rules, 1999 and Kerala Municipality Act, 1994.

(2.) On 30.05.2019, when this writ petition came up for admission, the learned Standing Counsel for the Municipality sought time to get instructions.

(3.) A statement has been filed by the respondent, opposing the relief sought for in this writ petition. Along with the statement, a copy of the complaint dated 24.02.2019 received from the Councilor of Ward No. 26 of the first respondent Municipality is placed on record as Annexure 1.