Disposed

Juby Jacob v. State of Kerala

Kerala HC3 Aug 2021WP(C)/11456/2021

Case brief

AI extract

What is this about?

Petitioner sought to quash Ext.P17 and direct the Panchayat to process applications for building permit numbering, occupancy certificate, and trade licenses. The Court set aside Ext.P17, directing respondents to reconsider the petitioner's applications considering that newer building rules may not apply to permits issued under older rules.

What did the court decide?

Ext.P17 set aside; respondents directed to reconsider applications for Occupancy Certificate and D&O licence within three weeks.

Juby Jacob Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 3^RD DAY OF AUGUST 2021/12TH SRAVANA, 1943 WP(C) NO. 11456 OF 2021

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PETITIONER:

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JUBY JACOB, AGED 35 YEARS, W/O. BIJOY ALEX, RESIDING AT KOPPARA PARAMBIL HOUSE, NEERETTUPURAM KARA, NEERETTUPURAM P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT.

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BY ADVS. P.HARIDAS BIJU HARIHARAN P.C.SHIJIN RISHIKESH HARIDAS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, NORTH BLOCK, GOVERNMENT SECRETARIAT, FOURTH FLOOR, SECRETARIAT ANNEXE-1, THIRUVANANTHAPURAM, PIN-695 001.

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2 THALAVADY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THALAVADY PANCHAYATH OFFICE, THALAVADY, PIN-689 572.

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3 PRESIDENT, THALAVADY GRAMA PANCHAYAT, THALAVADY GRAMA PANCHAYAT OFFICE, THALAVADY , PIN-689 572.

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4 SECRETARY, THALAVADY GRAMA PANCHAYATH, THALAVADY PANCHAYAT OFFICE, THALAVADY, PIN-689 572.

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BY ADV C.V.MANUVILSAN

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SR.GOVT. PLEADER SMT.SURYA BINOY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.11456/2021

JUDGMENT

Dated this the 3^rd day of August, 2021

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The petitioner who is the owner of a land in Thalavady Grama Panchayath has approached this Court seeking to quash Ext.P17 and to direct the 4^th respondent to number the petitioner's building covered by Ext.P9 building permit. The petitioner has further sought for a direction commanding respondents 3 and 4 to process Ext.P19 and issue licence to the petitioner under the Panchayat Raj (Issue of Licence to Factories, Trades, Entrepreneurship Activities and Other Services) Rules, 1996.

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According to the petitioner, she demolished her ancestral house to start a fuel station. The Department of

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Fire and Safety has given Ext.P1 'No Objection Certificate' to the proposed fuel station. On the basis of application made,

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WP(C) No.11456/2021

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the 2^nd respondent–Grama Panchayat issued Ext.P9 Building Permit to the petitioner. Ext.P20 is the approved plan. The Additional District Magistrate issued Ext.P6 NOC. The Kerala State Pollution Control Board gave consent to establish and also issued Ext.P8 Consent to Operate.

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After completion of the construction of the building, the petitioner applied for Occupancy Certificate and D&O licence. The Secretary to the Grama Panchayat issued Ext.P17 communication pointing out as many as seven defects in the application. The petitioner would submit that she is eligible for getting Occupancy Certificate as per Kerala Panchayath Building Rules.

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The learned counsel for the petitioner submitted

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that there is no allegation that the petitioner has deviated from the Building Permit for constructing the fuel station. The building of the petitioner satisfies all requirements prescribed for Group I occupancy. In Ext.P17, the

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WP(C) No.11456/2021

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Panchayat has pointed out certain defects under Kerala Panchyat Building Rules, 2019. The Building Permit of the petitioner was issued under the Kerala Panchayat Building Rules, 2011. Therefore the Panchayat authorities cannot insist that the petitioner should comply with the requirements under the Kerala Panchayath Building Rules, 2019. The petitioner had made huge investment for establishment of the fuel station, taking loan from various sources. Any delay on the part of the respondents in granting Occupancy Certificate and D&O licence will be disastrous to the petitioner who is a woman entrepreneur.

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The learned Standing Counsel for the Panchayat submitted that the petitioner is bound to follow all legal requirements for getting Occupancy Certificate. The petitioner has not complied with the provisions of the Building Rules. The Liquid Waste Treatment Plant, Waste Water Plant, AWH etc. have not been included in the

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WP(C) No.11456/2021

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completed plan. The Drainage Grill in front of the fuel station has been covered with concrete slabs instead of grill cover slab. The boundary wall constructed by the petitioner is using roofing sheets. The petitioner has to obtain NOC from authorities concerned. Therefore the communication at Ext.P17 is justified, contended the learned Standing Counsel representing respondents 2 to 4. If the petitioner cures the defects in the completion plan and satisfy the requirements at the construction site, the Grama Panchayat has no objection in issuing Occupancy Certificate and D&O licence, contended the Standing Counsel.

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I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel representing the respondents 2 to 4.

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A perusal of Ext.P7 would show that some of the defects made mention therein are shortcomings as per the

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WP(C) No.11456/2021

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provisions of the Kerala Panchayat Building Rules, 2019. If the petitioner had applied for and granted Building Permit under the Kerala Panchayat Building Rules, 2011 the petitioner cannot be called upon to satisfy the requirement of KPBR, 2019 at this stage.

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In respect of the defects pointed out by the respondents, as regards covering of drainage by concrete is concerned, the petitioner submits that in consultation with the District Authorities, the said defect has been cured and at present the drainage has been covered with grills. As regards the compound wall, the learned counsel for the petitioner submitted that there is already an existing compound wall which is of more than 1.80 meters height and the iron sheets were erected over and above the compound wall at the instance of the Secretary to the Grama Panchayat.

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WP(C) No.11456/2021

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The objection raised in Ext.P17 that the petitioner shall obtain access permit from the concerned authorities, cannot also be a reason to reject the application of the petitioner. This is in view of the fact that it will be the concern of the authorities under the Control of National Highways (Land and Traffic)Act, 2002 or the Kerala Highway Protection Act, 1999 to issue or deny access permit.

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The petitioner has specific case that as per the Kerala Panchayat Building Rules, for buildings upto 300 sq.m., the Supervisor-B is competent and authorised to draw completion plan. In view of all the afore facts, this Court is of the considered opinion that the respondents 2 to 4 should reconsider the applications submitted by the petitioner.

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Therefore, the writ petition is disposed of directing the respondents 2 to 4 to reconsider the applications for Occupancy Certificate and D&O licence submitted by the petitioner, taking into account the contentions of the

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WP(C) No.11456/2021

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petitioner and subsequent developments in the case. The respondents shall pass orders thereon taking into consideration Ext.P18 reply submitted by the petitioner. To enable the respondents to pass orders afresh as directed

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above, Ext.P17 is set aside. Orders in this regard shall be passed within a period of three weeks.

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Sd/N. NAGARESH JUDGE

ncd/04.08.2021

WP(C) No.11456/2021

APPENDIX OF WP(C) 11456/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE NO OBJECTION
	CERTIFICATE BY DEPARTMENT OF FIRE AND SAFETY DATED 25.7.2019.
Exhibit P2	TRUE COPY OF THE APPLICATION OR BUILDING PERMIT SUBMITTED ONLINE DATED 31.7.2019.
Exhibit P3	TRUE COPY OF THE RECEIPT OF APPLICATION FOR BUILDING PERMIT DATED 05.09.2019.
Exhibit P4	TRUE COPY OF THE RECEIPT ISSUED ON RESUBMISSION DATED 11.02.2020.
Exhibit P5	THE GOVERNMENT HAS CLARIFIED THE SAME. TRUE COPY OF THE GOVERNMENT CIRCULAR NO. 201/R.D1/2019/LSGD DATED 20.11.2019.
Exhibit P6	TRUE COPY OF THE NO OBJECTION CERTIFICATE OF THE ADDL. DISTRICT MAGISTRATE ALAPPUZHA DATED 20.12.2019.
Exhibit P7	TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED TO THE PETITIONER BY THE KSPCB DATED 06.02.2020
Exhibit P8	TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 15.01.2021.
Exhibit P9	TRUE COPY OF THE BUILDING PERMIT ISSUED TO PETITIONER BY 2ND RESPONDENT DATED 23.03.2020.
Exhibit P10	TRUE COPY OF THE PHOTOGRAPHS AFTER COMPLETION DATED NIL.
Exhibit P11	TRUE COPY OF THE RECEIPT ISSUED ON
	PETITIONER'S APPLICATION FOR OCCUPANCY CERTIFICATE DATED 11.02.2021.
Exhibit P12	TRUE COPY OF THE LETTER OF 4TH RESPONDENT DATED 24.02.2021.
Exhibit P13	TRUE COPY OF THE LETTER OF THE DISTRICT TOWN PLANNER ISSUED TO PETITIONER UNDER
	RIGHT TO INFORMATION ACT DATED 15.04.2021
Exhibit P14	TRUE COPY OF THE LETTER SUBMITTED BY THE

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WP(C) No.11456/2021

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	PETITIONER WITH THE ACKNOWLEDGEMENT THE 4TH RESPONDENT DATED 19.03.2021.	OF
Exhibit P15	TRUE COPY OF THE ORDER OF THE APPELL AUTHORITY DATED 05.03.2021.	ATE
Exhibit P16	TRUE COPY OF THE ORDER OF THIS HON' COURT STAYING THE OPERATION	BLE AND
	IMPLEMENTATION OF EXT. P15 DA 07.05.2021.	TED
Exhibit P17	TRUE COPY OF THE LETTER ISSUED	TO
	PETITIONER BY 4TH RESPONDENT DA 12.05.2021.	TED
Exhibit P18	TRUE COPY OF THE LETTER BY PETITIONER 4TH RESPONDENT DATED 19.05.2021.	TO
Exhibit P19	TRUE COPY OF THE APPLICATION FOR LICENSE DATED 19.05.2021.	D&O
EXHIBIT P20	TRUE COPY OF APPROVED BUILDING PER	MIT
	PLAN OF THE PETROLEUM OUTLET DA	TED
	23.03.2020 ISSUED BY THE 4TH RESPOND TO THE PETITIONER.	ENT
EXHIBIT P21	TRUE COPY OF THE COMPLAINT ISSUED PETITIONER UNDER THE RIGHT	TO TO
	INFORMATION ACT ALONG WITH THE REPLY THE 4TH RESPONDENT	OF
EXHIBIT P22	TRUE COPY OF THE PHOTOGRAPH OF OUTSIDE OF THE WALL	THE
EXHIBIT P23	TRUE COPY OF THE PHOTOGRAPH OF THE IN PORTION OF THE WALL.	NER

Juby Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Juby Jacob v. State of Kerala

Case brief

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What did the court decide?

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