The High Court dismissed a writ petition challenging a building permit violated against Kerala Building Rules. The Court held that the District Collector, having examined a complaint and confirmed the permit's validity, had correctly rejected the grievance.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944
WP(C) NO. 5632 OF 2022
PETITIONERS:
1KABEER.K.B.
AGED 57 YEARS
S/O.BAVAKUNJU,
KUDILIL HOUSE, KUDILIL ROAD,
K.D.P-P.O., THRIKKAKARA NORTH,
SOUTH KALAMASSERY, ERNAKULAM DISTRICT,
PIN-683104.
2SUSY V JOHN, D/O.V.JOHN,
AGED 62 YEARS
KNRA 21, K.D.P-P.O., THRIKKAKARA NORTH,
SOUTH KALAMASSERY, ERNAKULAM DISTRICT,
PIN-683104.
3GEORGE V V
AGED 59 YEARS
VALIYAPADATHE HOUSE, KUDILIL ROAD.
K.D.P-P.O., THRIKKAKARA NORTH,
SOUTH KALAMASSERY, ERNAKULAM DISTRICT,
PIN-683104.
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
AHAMMAD SACHIN K.
ANSU SARA MATHEW
SHRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCI
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DISTRICT COLLECTOR, ERNAKULAM, OFFICE OF DISTRICT COLLECTOR,WP(C). NO. 5632 OF 2022
2
COLLECTORATE, CIVIL STATION.P.O,
KAKKANAD, ERNAKULAM DISTRICT, PIN-682030
3 KALAMASSERY MUNICIPALITY KALAMASSERY.P.O., PIN-682033, REPRESENTED BY ITS SECRETARY4 THE SECRETARY KALAMASSERY MUNICIPALITY, KALAMASSERY.P.O., PIN-6820335 THE DISTRICT FIRE OFFICER FIRE AND RESCUE SERVICES, KADAVANTHRA.P.O., ERNAKULAM DISTRICT, PIN-682020.6 THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, KAKKANADU PO, ERNAKULAM DISTRICT, PIN-6820307 THE EXECUTIVE ENGINEER AND DISTRICT OFFICER DISTRICT OFFICE, GROUND WATER DEPARTMENT, MANIKULANGARA ROAD, THRIKKAKARA, KAKKANAD.P.O., ERNAKULAM DISTRICT, PIN-682030.8 THE STATION HOUSE OFFICER KALAMASSERY POLICE STATION, TOG ROAD, SOUTH KALAMASSERY, KALAMASSERY.P.O., ERNAKULAM DISTRICT, PIN-682033.9 BEERAN S/O MARAKAR, PUZHAKARA HOUSE, KALAMASSERY, KALAMASSERY.P.O., ERNAKULAM DISTRICT, PIN-682033.10 M/S. CASADEL BUILDERS INDIA PRIVATE LIMITED 6/838 B2, SEAPORT AIRPORT ROAD, VALLATHOL JUNCTION,THRIKKAKARA P.O, KAKKANAD, KOCHI- 682021. BY ADVS.SHRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCI M.R.ANISON BINU JOHN ABHILASH BHASKAR J.ARUNWP(C). NO. 5632 OF 2022
3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C). NO. 5632 OF 2022
4
JUDGMENT
Dated this the 7th day of November, 2022
This writ petition is filed challenging Ext.P1 building permit granted to the 9th respondent on the ground that the permit is issued in violation of the Kerala Municipality Building Rules, (for short, ‘The Rules’). The petitioners earlier approached this Court by filing WP(C). No. 24851/2021 and this Court, vide Ext.P4 judgment, directed the 3rd respondent /4th respondent herein to take up Ext.P1 complaint therein (Ext.P3 herein) and to pass appropriate orders after hearing all concerned.
WP(C). NO. 5632 OF 2022
5
after hearing the parties including the petitioners, found that the building permit has been issued to the 9th respondent strictly in accordance with the Rules and accordingly rejected Ext.P3 complaint. Ext.R10(b) is dated 25.02.2022 and is not hitherto challenged by the petitioners. In the light of Ext.R10(b), the challenge against Ext.P1 building permit has to fail.
WP(C). NO. 5632 OF 2022
6
Rules or the directions in Ext.R10(b), the petitioners will be free to approach the 4th respondent with appropriate petitions.
With the above observations, the writ petition is dismissed.
Sd/-
MURALI PURUSHOTHAMAN, JUDGE
mtk
WP(C). NO. 5632 OF 2022
7
APPENDIX OF WP(C) 5632/2022
PETITIOExhibit |
NERP1 |
EXHIBITSTRUE COPY OF THEBY THE 3RD RESPONRESPONDENT DATED |
BUILDING PERMIT ISSUEDDENT TO THE 9TH28.09.2019 |
|---|---|---|---|
Exhibit |
P2 |
TRUE COPY OF THEREGISTRATION ISSUESTATE REGULATORY18.11.2020 |
CERTIFICATE OFED BY THE KERALA REALAUTHORITY DATED |
Exhibit |
P3 |
TRUE COPY OF THETHE PETITIONERS 1RESPONDENT DATED |
COMPLAINT SUBMITTED BYAND 2 BEFORE THE 4TH17.09.2021 |
Exhibit |
P4 |
TRUE COPY OF THE(C)NO.24851/2021HONOURABLE COURT |
JUDGMENT IN W.P.PASSED BY THISDATED 22.11.2021 |
Exhibit |
P5 |
TRUE COPY OF THEPUBLIC INFORMATIORESPONDENT MUNICI |
LETTER ISSUED BY THEN OFFICER OF THE 3RDPALITY DATED 27.11.2021 |
Exhibit |
P6 |
TRUE COPY OF THERESPECT TO THE BU240/19 |
BUILDING PLAN WITHILDING PERMIT NO.BA2- |
Exhibit |
P7 |
TRUE COPY OF THESTATE PUBLIC INFODISTRICT FIRE OFF |
LETTER ISSUED BY THERMATION OFFICER,ICE DATED 04.02.2022 |
Exhibit |
P8 |
TRUE COPY OF THEPETITIONERS BEFORINVOKING RULE 16MUNICIPALITY BUIL01.02.2022 |
COMPLAINT LODGED BY THEE THE 4TH RESPONDENTOF THE KERALADING RULES, 2019 DATED |
Exhibit |
P9 |
TRUE COPY OF THEPETITIONERS BEFORDATED 18.01.2022 |
COMPLAINT LODGED BY THEE THE 8TH RESPONDENT |
Exhibit |
P10 |
TRUE COPY OF THEPETITIONERS BEFOR03.02.2022 |
COMPLAINT FILED BY THEE 7TH RESPONDENT DATED |
RESPOND |
ENT |
EXHIBITS |
|
Exhibit |
R10 |
(a)A TRUE COPY OF THCERTIFICATE NO.FRDATED 01/10/2021RESCUE DEPARTMENT |
E NO OBJECTIONS/07/ELR/4558/2021/SITE,ISSUED BY THE FIRE AND. |
Exhibit |
R10 |
(b)A TRUE COPY OF TH17250/2021 DATED4TH RESPONDENT. |
E ORDER NO.T.P2/G2-25/2/2022 ISSUED BY THE |
WP(C). NO. 5632 OF 2022 8
2 issues framed by the court
Whether the challenge to a building permit succeeds after the admitting authority found it issued in compliance with rules following a complaint hearing.
Whether a subsequent complaint lodged by petitioners precludes consideration by the admitting authority.
Kabeer.K.B.
Susy V John
George V V
State of Kerala
District Collector, Ernakulam
Beeran
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court