SLP KUNHIBI Vs. KASARGODE MUNICIPALITY

JUDGEMENT

(1.) The petitioner has approached this Court seeking that Ext.P3 application for regularization of a construction, made by her late husband, be directed to be taken up and disposed of at the earliest and that the Secretary of the 1st respondent - Municipality be also directed to issue the completion certificate and occupancy certificate for the building in her name, conceding that a civil suit against her has already been decreed at the instance of the 6th respondent, who is her son.

(2.) The petitioner says that the Secretary of the Municipality is enjoined to consider her application subject to the decree in O.S No. 14 of 2014 of Sub Court, Kasargode, filed by the 6th respondent; and therefore, that she is entitled to seek the reliefs sought for in this Writ Petition. She thus prays that this writ Petition be ordered on such terms.

(3.) In response, the learned counsel appearing for the 6th respondent submits that the petitioner cannot seek that the building be regularized and numbered in her own name, as has been sought for in Ext.P3 application, in view of the fact that a partition suit has been decreed by Sub Court Kasargode, in O.S No. 14 of 2014 filed by his client. He says that, in any event of the matter, no relief can be granted to the petitioner, since she has flouted the earlier directions of this Court in FAO No. 71 of 2015, wherein she had been directed to deposit certain amounts in his client's name but she has refused to do so. He, therefore, prays that this Writ Petition be dismissed.