Petitioner sought to quash a communication denying occupancy certificate and building numbering based on 2019 rules. Court held applying new rules to a 2000 construction was unjustified and directed issuance of certificate.
Panchayat to assign building number and issue Occupancy Certificate within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023/24TH BHADRA, 1945 WP(C) NO. 12480 OF 2023
PETITIONER:
THRESSIAMMA SIMON
AGED 58 YEARS, W/O. SIMON, THARAKAN HOUSE, MATTOM P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 680602.
BY ADV N.L.BITTO
RESPONDENTS:
1 STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANAMTHAPURAM, PIN – 695001.
3 THE TOWN PLANNER OFFICE OF THE DISTRICT TOWN P1ANNER, LSGD PLANNING, DISTRICT PLANNING BHAVAN, 2ND FLOOR, AYYANTHOLE, THRISSUR DISTRICT, PIN – 680022.
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BY ADVS. SRI.SANTHOSH P.PODUVAL, STANDING COUNSEL SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
W.P.(C) No.12480 of 2023
Dated this the 15th day of September, 2023
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner, who owns 2.43 Ares of property in
Aloor Village, Thalappilly Taluk of Thrissur District, seeks to quash Ext.P11 communication dated 23.12.2022 issued by the Panchayat and to command the 6th respondentPanchayat to number the building of the petitioner within a reasonable time.
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with the approved plan. However, the 6th respondent did not number the building in spite of repeated requests.
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Executive Engineer, PWD requiring to ascertain the boundary of the petitioner's property. The Panchayat further issued a letter dated 19.06.2019 to the Village Officer seeking to demarcate the property of the petitioner and the boundary of the road.
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a joint survey of the property/road and ascertain the clearance. If there is sufficient clearance, the Panchayat shall take decision on the application.
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authorities have widened the road taking in and tarring a portion of the petitioner's property also.
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number. The Secretary has issued Ext.P11 communication to the petitioner pointing out certain defects in the construction. It is evident from the said communication that the defects pointed out in Ext.P11 are based on the Kerala Panchayat Building Rules, 2019. When the petitioner obtained NOC for building construction in the year 1999 and completed the construction in the year 2000, requirements under the KPBR, 2019 cannot be imposed on the petitioner.
In the afore facts and circumstances of the case, the writ petition is disposed of directing the 6th respondent to assign building number to the petitioner's building and issue Occupancy Certificate to the petitioner, within a period of one month.
N. NAGARESH, JUDGE
aks/14.09.2023
Sd/-
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APPENDIX OF WP(C) 12480/2023
PETITIONER'S EXHIBITS
| Exhibit-P1 | A TRUE COPY OF THE NOC GRANTED BY THE |
|---|---|
| 6TH RESPONDENT FOR THE CONSTRUCTION OF THE BUILDING DATED 4/12/1999 |
|
| Exhibit-P2 | A TRUE COPY OF THE COMMUNICATION OF |
| REJECTION FROM THE TOWN PLANNER DATED 30/08/2018 |
|
| Exhibit-P3 | A TRUE COPY OF THE COMMUNICATION |
| ISSUED FROM THE PANCHAYATH DATED | |
| 30/11/2018 | |
| Exhibit-P4 | A TRUE COPY OF THE LETTER ISSUED BY THE THAHASILDAR TO THE PETITIONER DATED 02/11/2018 |
| Exhibit-P5 | A TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYATH TO VILLAGE OFFICER AND PWD AUTHORITIES DATED 19/06/2019 |
| Exhibit-P6 | A TRUE COPY OF THE LETTER ISSUED BY THE TOWN PLANNER TO THE 6TH RESPONDENT DATED 03/10/2019 |
| Exhibit-P7 | A TRUE COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE PANCHAYATH DATED 25/06/2020 |
| Exhibit-P8 | A TRUE COPY OF THE JUDGMENT OF THIS COURT IN WP(C) 1695 OF 2021 DATED |
| 1/6/2022 | |
| Exhibit-P9 | A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 12/08/2022 |
| Exhibit-10 | A TRUE COPY OF THE NO OBJECTION |
| LETTER REGARDING THE MEASUREMENT AND | |
| CONSTRUCTION GIVEN BY THE ASSISTANT | |
| ENGINEER PWD CHAVAKKAD DATED |
|
| , 19/1/2023 |
|
| Exhibit-P11 | A TRUE COPY OF THE COMMUNICATION |
| ISSUED BY THE PANCHAYATH DATED 23/12/2022 |
3 issues framed by the court
Whether the Panchayat can deny occupancy certificate and building number based on 2019 rules for a building completed in 2000.
Whether the petitioner is entitled to regularisation when the occupying clearance objection is unverifiable.
Whether the grounds cited in the Panchayat communication (setback, parking etc.) are applicable retroactively.
1 provisions across 1 enactments
Thressiamma Simon
State of Kerala
District Collector Thirssur District
Town Planner Office
Thaasildar (Land Records)
Village Officer Aloor
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
