Court directed the State Government to consider the petitioner's application for relaxation of building rules and pass appropriate orders within two months, while the 3rd respondent was noted as the local authority rejecting the application under 2018 rules.
Direction to the 1st respondent to consider Ext.P6 application and pass orders within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 13043 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 13043 OF 2021
PETITIONER/S:
BALAGOPALAN, AGED 59 YEARS, S/O.KUNJURAMAN NAIR, MANAGER, THURAYUR A.L.P. SCHOOL, PAYYOLI ANGADI P.O., RESIDING AT PUTHUKKUDI, THURAYOOR AMSOM AND DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT, PIN-673 523.
BY ADV M.G.SREEJITH
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE THURAYOOR GRAMA PANCHAYATH, THURAYOOR, PAYYOLI ANGADI P.O., KOZHIKODE DISTRICT, PIN-673 523, REPRESENTED BY ITS SECRETARY. 3 THE SECRETARY, THURAYOOR GRAMA PANCHAYATH, THURAYOOR, PAYYOLI ANGADI P.O., KOZHIKODE DISTRICT, PIN-673 523. BY ADV K.S.ARUN KUMAR,SC SRI.BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner states that he is the Manager of the Thurayoor A.L.P School, Kozhikode. According to the petitioner, the aforesaid school started functioning in the year 1925 and is one of the oldest schools in the State of Kerala. As some portions of the school building was in a dilapidated condition, the management of the school with the aid of Alumni and the general public, decided to construct a new building. Admittedly, they did not approach the local authority prior to the commencement of construction. After completing the construction, the petitioner approached the 3rd respondent and requested for allotting a building number and also for issuance of fitness records. The application was initially not considered on the ground that the construction was carried out in a ‘Nanch’ (Nilam) land. This led the petitioner to approach the Revenue Divisional Officer and seek for change of classification. By Ext.P1 order dated 1.10.2019, the request was sanctioned by the Revenue Divisional Officer and the classification of the land was changed.
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noted several defects. The petitioner contends that they were able to clear almost all the defects except the minimum distance to be maintained in the front yard. It is the case of the petitioner as against 5 mts., the clearance is only 4.95 mts. The petitioner contends that the difference is only 5 cms.
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Ext.P7 application seeking the very same request. It is contended that ignoring all these aspects, the 3rd respondent has again issued Ext.P8 reiterating that the provisions of Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018 would apply and only constructions carried out before 31.7.2017 can be regularised. It is in the above backdrop that the petitioner is before this Court seeking the following reliefs:
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insofar as application for regularisation filed under Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules 2018 is concerned, the Government has passed an order extending the period till 31.03.2021. It is however submitted that if the request of the petitioner is for a consideration of Ext.P6 by the Government, there can be no impediment.
7. After having carefully evaluated the contentions raised in this
writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
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petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 13043 OF 2021
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APPENDIX OF WP(C) 13043/2021
| PETITIONER | (S) | EXHIBITS : |
|---|---|---|
| Exhibit P1 | TRUE COPY OF ORDER DATED 01.10.2019 ISSUED BY THE REVENUE DIVISIONAL OFFICER, VATAKARA. |
|
| Exhibit P2 | TRUE COPY OF COMMUNICATION DATED 22.02.2020 ISSUED BY THE 3RD RESPONDENT. |
|
| Exhibit P3 | TRUE COPY OF REPORT ISSUED BY THE 3RD RESPONDENT DATED 18.02.2020. |
|
| Exhibit P4 | TRUE COPY OF THE APPLICATION DATED 23.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
|
| Exhibit P5 | TRUE COPY OF COMMUNICATION DATED 19.05.2020 ISSUED BY THE 3RD RESPONDENT. |
|
| Exhibit P6 | TRUE COPY OF APPLICATION DATED 13.08.2020 SUBMITTED BY THE PETITIONER. |
|
| Exhibit P7 | TRUE COPY OF APPLICATION DATED 11.08.2020 SUBMITTED BY THE PTA OF THE SCHOOL. |
|
| Exhibit P8 | TRUE COPY OF COMMUNICATION DATED 28.09.2020 ISSUED BY THE 3RD RESPONDENT. |
|
| RESPONDENT | (S) | EXHIBITS : NIL |
2 issues framed by the court
Whether the Government should consider the petitioner's application for relaxation of building rules regarding regularisation of unauthorised construction.
Whether the petitioner is entitled to a fitness certificate from the 3rd respondent for the newly constructed school building.
2 provisions across 2 enactments
BALAGOPALAN
THE STATE OF KERALA
THE THURAYOOR GRAMA PANCHAYATH
THE SECRETARY, THURAYOOR GRAMA PANCHAYATH
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
