WP(C) NO. 2650 OF 2019 1 2025:KER:30386 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 2650 OF 2019 PETITIONER: JAINENDRA KUMAR, AGED 62 YEARS S/O.KRISHNAN NAIR, RESIDING AT TC 17/1296- 7,SANJAY RESORTS, VIVEKANANDA NAGAR, THIRUMALA P.O., POOJAPPURA, THIRUVANANTHPAURAM BY ADV M.SREEKUMAR RESPONDENTS: 1 CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, PALAYAM, THIRUVANANTHAPURAM-695 001 2 SECRETARY CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, PALAYAM THIRUVANANTHAPURAM-695 001 3 REVENUE OFFICER, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, PALAYAM THIRUVANANTHAPURAM-695 001 4 WILSON MULLSSERIL, S/O.GEEVARGHESE PAPPACHAN,TC 17/1296-8,SANJAY RESORTS, VIVEKANANDA NAGAR, THIRUMALA P.O., THIRUVANANTHPAURAM-695 006 BY ADVS. N.NANDAKUMARA MENON (SR.) SRI.D.ANIL KUMAR SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION SRI.SUMAN CHAKRAVARTHY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2650 OF 2019 2 2025:KER:30386 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 2650 of 2019 ………………………………………………. Dated this the 07th day of April, 2025 J U D G M E N T The petitioner and the 4th respondent are residing on different floors of a four storied apartment building named “Sanjay Resorts” situated in 8 cents of property comprised in re- survey No.85 (Old Sy No.1515/2) of Sasthamangalam Village. The petitioner contends that the building was originally assessed as a residential building. The 4th respondent rented out the ground floor of the building for commercial purposes and the petitioner had preferred a complaint before the Corporation against carrying out commercial activities in the building. The petitioner challenges Ext.P6 proceedings issued by the Thiruvananthapuram Corporation dated 03.01.2012, allowing the application preferred by the 4th respondent and permitting use of the ground floor for commercial purposes. 2. In view of the above dispute, this Court had passed an WP(C) NO. 2650 OF 2019 3 2025:KER:30386 order on 21.03.2025 directing the Corporation to produce the proceedings by which they permitted conversion of the residential occupancy to commercial with respect to the ground floor of the building. Pursuant to the above direction, an affidavit has been filed by the 2nd respondent producing the Property Tax Assessment List maintained by the Corporation which shows that the application has been allowed as per order dated 03.01.2012, Ext.P6. 3. The prayer in the writ petition is to quash Ext.P6 and also to direct respondents 2 and 3 to take action to close down the commercial establishments in the building. 4. In view of the permission granted by the Corporation as seen from Ext.P6 which is dated 03.01.2012, I am not inclined to consider the correctness of the same in a writ petition filed on 28.01.2019. It is also to be noted that the petitioner is also an owner of the building and his contention that he was not aware of Ext.P6 proceedings cannot be believed. The petitioner also has an alternative remedy against Ext.P6 order, subject of course to the contention of the 4th respondent, that the same is belated. 5. The learned counsel for the petitioner cites the WP(C) NO. 2650 OF 2019 4 2025:KER:30386 judgments of this Court in K.V. Ajith Kumar v. State of Kerala and others [2017 (3) KLT 58], Magadh Sugar and Energy Limited v. State of Bihar [2021 (5) KLT 667], Vidya Devi v. State of Himachal Pradesh [2020 (1) KLT 430] and in Ramapuram Grama Panchayat v. St.Basil Industries India Private Limited and others [2016 (2) KLT 219] to contend that if the order is passed without hearing the petitioner, a writ petition is maintainable. There cannot be any quarrel with the above position of law. However, taking note of the fact that Ext.P6 which is challenged in the writ petition was passed as early as 2012 on an application preferred by the 4th respondent, the co-owner of the building, I am not inclined to consider the correctness of the order in this writ petition. It is also to be noted that the ground floor has been utilised for commercial purposes after being granted permission by the Corporation, as seen from Ext.P6. As to when the 4th respondent commenced the operation is not a matter that can be decided in a writ petition. Without prejudice to the right of the petitioner to resort to the alternative remedy and without prejudice to the contention of the 4th respondent that the same is belated, the writ WP(C) NO. 2650 OF 2019 5 2025:KER:30386 petition is disposed of without any expression on the merits of the dispute. Sd/- MOHAMMED NIAS C.P., JUDGE Anu WP(C) NO. 2650 OF 2019 6 2025:KER:30386 APPENDIX OF WP(C) 2650/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO.G.O(RT) 4041/95/LAD DATED 12.7.1995 EXHIBIT P2 TRUE COPY OF SALE DEED NO,794/08 OF SUB REGISTRY OFFICE, SASTHAMANGALAM DATED 4.3.2008 EXHIBIT P3 TRUE COPY OF THE DECREE IN OS NO.299/2014 DATED 15.9.2018 OF THE ADDITIONAL MUNSIFF COURT-III,THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF ORDER DATED 5.6.17 IN IA NO.3029/2017 IN OS NO.779/17 OF THE MUNSIFF COURT-III,THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF THE LETTER NO.E8/62029/2016 DATED 19.5.16 FROM THE 2NDS RESPONDENT TO THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.R114/E8/46091/11 DATED 3.1.2012 OF 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF LETTER NOH15/403/17 DATED 10.1.2017 FROM THE HEALTH OFFICER GRADE -I TO THE SUB INSPECTOR OF POLICE,MUSEUM POLICE STATION EXHIBIT P8 TRUE COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.1.2018 EXHIBIT P9 TRUE COPY OF NOTICE NO.R14/5044/18 DATED 4.5.18 (WRONGLY MENTIONED AS 4.5.17) ISSUED BY THE 3RD RESPONDENT TO PETITIONER EXHIBIT P10 TRUE COPY OF REPRESENTATION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 21.12.2018 WP(C) NO. 2650 OF 2019 7 2025:KER:30386 Exhibit P11 THE TRUE COPY OF THE ORDER DATED 11..03..2025 BEARING NO.B18-1153/24 OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM RESPONDENT EXHIBITS EXHIBIT-R4(A) TRUE COPY OF THE ORDER NO.H6-31948/18 DATED 28.4.2023 ISSUED BY TAHSILDAR (LR), THIRUVANANTHAPURAM TALUK RESPONDENT EXHIBITS EXHIBIT-R2(A) THE RELEVANT PAGE OF THE PROPERTY TAX ASSESSMENT LIST