High Court of KeralaSingle JudgeWrit petition disposed; Ext.P13 quashed; direct...

Abdul Manaf v State of Kerala and Others

Case / Petition Number:WP(C) No. 3162 of 2025
Neutral Citation:2025:KER:24558

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • ZIYAD RAHMAN A.A.
Judgment Date
2025-03-18
Court Decision / Holding
Writ petition disposed; Ext.P13 quashed; direction to the 3rd respondent to reconsider the occupancy certificate application and grant it if otherwise in order, with appropriate orders to be issued within one month.
Final Disposition
Writ petition disposed; Ext.P13 quashed; directive to reconsider occupancy certificate.

Parties to the Case

Appellants / Petitioners

  • Abdul Manaf

Respondents

  • State of Kerala, represented by Secretary to Government, Local Self Government Department, Secretariat, Thiruvananthapuram
  • Guruvayur Municipality, represented by its Secretary, Municipal Office, Guruvayur, Thrissur
  • The Secretary, Municipal Office, Guruvayur, Thrissur
  • Revenue Divisional Officer, Civil Station, AyyantholE, Thrissur
  • Local Level Monitoring Committee represented by its Convenor, Pookode Village, Krishi Bhavan, Pookodu, Kottapadi, Thrissur
  • Village Officer, Pookode, Thozhiyur P.O, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

  • • Arjun S. V.V. Joy
  • • Sruthi Rajit

Counsels for Respondents

  • • Shri V.N Haridas
  • • Smt. Deepa V.

Case Synopsis & Summary

Abdul Manaf, the petitioner in WP(C) No. 3162 of 2025, challenges Ext.P13, an order of the 3rd respondent rejecting his application for occupancy certificate for a building. Ext.P13 lists three defects: (i) alleged violations of the Kerala Municipality Building Rules, 2019; (ii) the building permit, issued on 09.03.2014, had expired on 04.03.2024, and therefore occupancy cannot be granted; (iii) as per the plan, the plinth area is 5448 sq ft, and the property is converted land, triggering a conversion fee under the Kerala Conservation of Paddy Land and Wetland Act, for the area beyond 3000 sq ft. The petitioner argues that the occupancy certificate application was dated 01.04.2017, during the permit’s validity, and that the 2019 Rules cannot be applied to a permit granted under the earlier regime (1999 Rules). He contends that the 2019 Rules cannot be retroactively applied and that the permit remained in force during the relevant period. On the third ground, he relies on the judgment in Abad Builders Private Limited v. State of Kerala (2025 KLT OnLine 1033), which held Rule 12(9) read with Note 1 to Schedule of the Paddy Land Rules ultra vires. The court agrees the first two defects are not legally sustainable, and finds the third defect not sustainable in light of the cited decision. Consequently, Ext.P13 is quashed and the matter is remitted to reconsider the occupancy certificate if the record is otherwise in order, within one month.

Provisions of Law Cited

Kerala Municipality Building Rules, 2019Kerala Municipality Building Rules, 1999Kerala Conservation of Paddy Land and Wetland Act, 2008Kerala Conversion of Paddy Land and Wetland Rules, 2008Rule 12(9) read with Note 1 to Schedule of Kerala Conversion of Paddy Land and Wetland Rules, 2008

Legal Doctrines & Maxims

  • ultra vires

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext.P13 is unsustainable because the 2019 Kerala Municipality Building Rules cannot govern a building granted a permit in 2014 and completed in 2017 under the Kerala Municipality Building Rules, 1999. The occupancy certificate application dated 01.04.2017 fell within the permit’s validity; hence the 2019 Rules cannot be applied retrospectively. The second defect—expiry of the permit in 2024—fails since the application was made during the permit’s subsistence. On the third defect, the petitioner argues that the conversion-fee provision under the Paddy Land and Wetland Act is ultra vires to the extent it compels a fee for a project under conversion land, a position supported by the Abad Builders decision; consequently, the third defect cannot justify denial of occupancy. The petitioner seeks quashing Ext.P13 and issuance of the occupancy certificate if the record is otherwise in order.

Contentions of Respondents

The respondents contend that Ext.P13 rests on three defects: (i) violations of the Kerala Municipality Building Rules, 2019; (ii) the building permit’s expiration affects eligibility for an occupancy certificate; (iii) liability to pay conversion fees under the Paddy Land and Wetland Rules. They argue the 2019 Rules are applicable to the project, even though the permit was issued earlier, and that the conversion-fee regime is a valid statutory requirement under the relevant Act and Rules. They rely on the statutory framework and prior administrative orders to justify Ext.P13.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Abad Builders Private Limited v. State of Kerala2025 KLT OnLine 1033PositiveThe decision is cited to support the petition’s position that Rule 12(9) and Schedule Note 1 to the Kerala Paddy Land and Wetland Rules are ultra vires, thereby undermining the third defect relied upon to deny occupancy.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**2025:KER:24558** **==> picture [58 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.** **TUESDAY, THE 18[TH] DAY OF MARCH 2025 / 27TH PHALGUNA, 1946** ## **WP(C) NO. 3162 OF 2025** ## **PETITIONER/S:** **ABDUL MANAF, AGED 53 YEARS CHEMBALAKKATTIL HOUSE, IRINGAPURAM, KOTTAPADI, CHAVAKKAD, THRISSUR, PIN - 680103** **BY ADVS. ARJUN S. V.V.JOY SRUTHI RAJIT** ## **RESPONDENT/S:** - **1 STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 GURUVAYUR MUNICIPALITY,REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, GURUVAYUR, THRISSUR, PIN - 680101** - **3 THE SECRETARY, MUNICIPAL OFFICE, GURUVAYUR, THRISSUR, PIN - 680101** - **4 REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN – 680003** W.P.C No. 3162 of 2025 2 **==> picture [57 x 57] intentionally omitted <==** 2025:KER:24558 - **5 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENOR,** **POOKODE VILLAGE, KRISHI BHAVAN, POOKODU, KOTTAPADI, THRISSUR, PIN - 680505** - **6 VILLAGE OFFICER, POOKODE, THOZHIYUR P.O, THRISSUR, PIN - 680520** ## **OTHER PRESENT:** **Shri.V.N.Haridas, S.C, Smt.Deepa.V, G.P** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.C No. 3162 of 2025 3 2025:KER:24558 **==> picture [57 x 57] intentionally omitted <==** ## **JUDGMENT** The petitioner, is aggrieved by Ext.P13 order passed by the 3[rd] respondent herein, by which the Ext.P1 application submitted by the petitioner as early as on 10.07.2017, for occupancy certificate for his building, was rejected by citing three defects. The first defect was that, on examination of the construction, they found certain violations of the rules in the Kerala Municipality Building Rules 2019. Second defect pointed out was that, the petitioner had secured the building permit on 09.03.2014 and the validity of the said permit expired on 04.03.2024 and therefore occupancy certificate cannot be granted. The third defect was that, as per the plan submitted, the proposed building is having a plinth area of 5448 Sq. Ft and therefore, as the petitioner's property is converted land, he needs to pay conversion fee as contemplated under the provisions of the Kerala Conservation of the Paddy Land and Wetland Act, for the plinth area in excess of 3000 Sq.Ft. 2. This writ petition is submitted by the petitioner in such circumstances, challenging Ext.P13. It is pointed out by W.P.C No. 3162 of 2025 **==> picture [7 x 9] intentionally omitted <==** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:24558 the petitioner that, Ext.P13 is the culmination of several rounds of litigations and all the judgments and consequential orders are produced along with this writ petition. 3. I have heard, Sri.Arjun S, the learned counsel for the petitioner, Sri.V.N Haridas, the learned Standing Counsel for the respondent Municipality and Smt. Deepa V.G, the learned Government Pleader for the respondents 3 to 6 . 4. The question involved pertains to the sustainability of the Ext.P13 order and the reasons on which the application of the petitioner for occupancy certificate is rejected. As far as the first defect is concerned, the same pertains to certain violations of the statutory stipulations contained in Kerala Municipality Building Rules, 2019. However, the specific case of the petitioner is that, the petitioner had obtained the building permit in the year 2014 and had completed the building in the year 2017 and therefore under no circumstances, the stipulations contained in the 2019 Rules cannot be applied. I find force in the said submission. It is to be noted that even the application submitted by the petitioner for occupancy certificate is of the W.P.C No. 3162 of 2025 **==> picture [7 x 9] intentionally omitted <==** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:24558 year 2017. Therefore the 3[rd] respondent cannot apply the rules introduced in the year 2019 and what is relevant is only the Kerala Municipality Building Rules, 1999 on the basis of which the permit was granted. Therefore, the first defect noted in Ext.P13 is not legally sustainable. 5. When coming to the second defect, namely, the expiry of the validity of the building permit, that also cannot be accepted in view of the fact that, as observed above, the application of the petitioner which is referred to as Item No.1 in Ext.P13 order is dated 01.04.2017. It is an admitted fact that, the validity of the permit secured by the petitioner was there till 04.03.2024 and therefore the said reason also cannot be accepted, as the petitioner submitted the application for occupancy certificate during the subsistence of the building permit. 6. The third objection raised is with respect to the nonpayment of conversion fee for the proposed building, as according to the 3[rd] respondent, the petitioner has to pay the conversion fee in respect of the building as contemplated under 6 W.P.C No. 3162 of 2025 **==> picture [57 x 57] intentionally omitted <==** 2025:KER:24558 Rule 12 (9) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. As far as the said requirement is concerned, It is to be noted that in **Abad Builders Private** **Limited v. State of Kerala [2025 KLT OnLine 1033]** , this Court declared Rule 12 (9) read with Note 1 to Schedule of Kerala Conversion of Paddy Land and Wetland Rules, as _ultra vires_ of the provisions of the Kerala Conversion of Paddy Land and Wetland Act, 2008, to the extent it stipulates for the conversion fee for the building proposed to be constructed. Therefore, on that reason the third defect pointed out in Ext.P13 order is not legally sustainable. 7. Thus it is evident that, none of the reasons which prompted the 3[rd] respondent to reject the application submitted by the petitioner are reasonable and legally sustainable. Therefore, an interference is required. Accordingly, this writ petition is disposed of, quashing Ext.P13 order with a direction to the 3[rd] respondent to reconsider the application submitted by the petitioner for occupancy certificate and to grant the same if it is otherwise in W.P.C No. 3162 of 2025 **==> picture [7 x 9] intentionally omitted <==** **==> picture [57 x 57] intentionally omitted <==** 2025:KER:24558 order. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. Sd/- **ZIYAD RAHMAN A.A.** **JUDGE** rpk W.P.C No. 3162 of 2025 8 2025:KER:24558 **==> picture [57 x 57] intentionally omitted <==** ## **APPENDIX OF WP(C) 3162/2025** **PETITIONER EXHIBITS** **Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 10.07.2017 TO THE 4TH RESPONDENT** **Exhibit P2 A TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DTD 17.04.2017** - **Exhibit P3 A TRUE COPY OF THE LETTER DATED 20.07.2017 ISSUED BY THE 2ND RESPONDENT** - **Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WPC NO. 26044/2017 DATED 18.08.2017** - **Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C).NO.5049/2018 DATED 22.07.2022** - **Exhibit P6 A TRUE COPY OF THE ORDERS PASSED BY THE 3RD RESPONDENT DTD 03.09.2022** - **Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN CON.CASE(C).NO.2320/2022 DATED 19.12.2022** - **Exhibit P8 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DTD 07.01.2023** **Exhibit P9 A TRUE COPY OF THE NOTICE NO. BA.407/13-14 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DTD 27.01.2023** **Exhibit P10 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DTD 02.03.2023 IN WP(C).NO.5088 OF 2023** W.P.C No. 3162 of 2025 9 **==> picture [57 x 57] intentionally omitted <==** ## 2025:KER:24558 **Exhibit P11 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD 10.04.2023** **Exhibit P12 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DTD 03.06.2024 IN WP(C).NO.1226 OF 2024** **Exhibit P13 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DTD 27.08.2024**