Disposed

Chandramohan.T.S v. Kuzhur Gramapanchayath

Kerala HC3 Jun 2024WP(C)/8150/2021

Case brief

AI extract

What is this about?

Petitioners completed a godown per an approved plan and building permit, but the Panchayat Secretary refused the occupancy certificate citing construction defects. Petitioners claimed defects were rectified. The Court directed the Secretary to inspect and decide the occupancy certificate application in accordance with law within two months.

What did the court decide?

Direction to second respondent to consider Ext.P5 occupancy certificate application after inspection, in accordance with law, within two months.

Chandramohan.T.S Vs Kuzhur Gramapanchayath — Municipal and Town Planning | Kerala HC (2024)

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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 M.A.ABDUL HAKHIM

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MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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WP(C) NO. 8150 OF 2021

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PETITIONER/S:

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1 CHANDRAMOHAN.T.S AGED 61 YEARS

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S/O. SANKARANKUTTY NAIR, THOTTOTH HOUSE, IRANIKULAM P.O. MALA, THRISSUR DISTRICT 680 734.

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2 AKHIL C.C,

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S/O. CHANDRAMOHAN, THOTTOTH HOUSE, IRANIKULAM P.O. MALA, THRISSUR DISTRICT 680 734.

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BY ADV V.M.KRISHNAKUMAR

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RESPONDENT/S:

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1 KUZHUR GRAMAPANCHAYATH REPRESENTED BY ITS SECRETARY, KUZHUR P.O. THRISSUR DISTRICT 680 734.

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2 THE SECRETARY, KUZHUR GRAMA PANCHAYATH, KUZHUR P.O. THRISSUR DISTRICT 680 734.

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BY ADVS. SRI.SIJI ANTONY SRI.K.M.FRANCIS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.8150/2021

JUDGMENT

The case of the petitioners is that the petitioners

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have completed the construction of a godown in accordance with Ext.P3 Plan Ext.P4 Building permit and the second respondent is refusing to issue Occupancy Certificate citing certain defects in the construction.

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The learned counsel for the first respondent Panchayat submits that the petitioners have made construction in violation of Ext.P4 Building Permit issued by the Panchayat.

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The learned counsel for the petitioners submits that the petitioners have rectified all the defects and the construction is in conformity with Ext.P4 Building Permit and if the Panchayat make an inspection and consider the Application for Occupancy Certificate, their grievances would be redressed.

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Accordingly, there will be a direction to the

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W.P.(C) No.8150/2021

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second respondent to consider and pass orders on Ext.P5 Application for occupancy certificate submitted by the first petitioner in accordance with law, after making necessary inspection in the matter, within a period of two months from the date of receipt of a copy of this judgment.

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Sd/-

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M.A.ABDUL HAKHIM JUDGE

Shg

W.P.(C) No.8150/2021

APPENDIX OF WP(C) 8150/2021

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PETITIONER EXHIBITS
EXHIBIT P1	TRUE COPY OF THE APPROVAL OF THE CHIEF CONTROLLER OF EXPLOSIVES DATED 07.02.2019.
EXHIBIT P2	TRUE COPY OF NOC NO. D.2578/2019 DATED 06.06.2019 ISSUED BY THE FIRE AND RESCUE DEPARTMENT.
EXHIBIT P3	TRUE COPY OF THE PLAN FOR LPG GO DOWN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE BUILDING PERMIT DATED 02.11.2020 ISSUED BY THE PANCHAYATH.
EXHIBIT P5	TRUE COPY OF THE COMPLETED PLAN OF THE PETITIONERS BUILDING.
EXHIBIT P5 (A)	TRUE COPY OF LETTER DATED 20.01.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 23.02.2021 ALONG WITH VERIFICATION REPROT DATED 03.02.2021.
EXHIBIT P7	TRUE COPY OF THE RECEIPT DATED 27.2.2021 ISSUED BY THE PANCHAYATH.
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 21.10.2020 OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES.
EXHIBIT P9	TRUE COPY OF THE CIRCULAR ISSUED BY THE POLLUTION CONTROL BOARD, PCB/T4/115/97 DATED 17.03.2017.
RESPONDENTS'EXTS
EXT.R1(A)	TRUE COPY OF LETTER NO.A435/2021 DATED 9.4.2021 ISSUED BY 2ND RESPONDENT TO THE 1ST PETITIONER

Chandramohan.T.S v. Kuzhur Gramapanchayath

Case brief

What is this about?

What did the court decide?

Chandramohan.T.S v. Kuzhur Gramapanchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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