High Court of KeralaSingle JudgeWrit petitions disposed of with directions; occ...

Leela Santu v. Secretary, Kothamangalam Municipality; Noah Exim and Realtors Ltd. v. Secretary, Nedumbassery Grama Panchayath & Others

Case / Petition Number:WP(C).No.14707/2020 (K) & WP(C).No.2230/2020 (C)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas
Judgment Date
2020-07-30
Court Decision / Holding
The petitions are disposed of by quashing the impugned stand of local bodies as illegal and ultra vires, and remitting the occupancy-related applications for fresh consideration. The 14707 case is remitted to the Municipal Secretary for afresh decision after conducting a verified inspection by the Municipal Engineer with notice to the petitioner; the petitioner must be afforded hearing and the decision must adhere to the Building Rules in force at the time of permit, within one month from certified copy of the judgment. In 2230/2020, occupancy certificate applications are to be considered by the 1st respondent (Nedumbassery Grama Panchayath Secretary) in light of the same time-bound process, preferably within three weeks, with compliant action and hearing.
Final Disposition
Writ petitions disposed of with directions; occupancy certificates to be considered afresh; inspection and hearing to be provided; decisions to be made in time-bound manner.

Parties to the Case

Appellants / Petitioners

  • Leela Santu
  • Noah Exim and Realtors Ltd.

Respondents

  • Secretary, Kothamangalam Municipality
  • Secretary, Nedumbassery Grama Panchayath
  • Nedumbassery Grama Panchayath
  • Revenue Divisional Officer, Fort Kochi
  • Village Officer, Nedumbassery
  • State of Kerala, Department of Agriculture

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P.K. Soyuz
  • • Sri. E.V. Babychan
  • • Sri. Jobby Cyriac
  • • Sri. Kurian K. Jose

Counsels for Respondents

  • • Sri. PeeYus A. Kottam, SC
  • • Sri. George Sebastian, SC
  • • Sri. Saigi Jacob Palatty, Sr. Govt Pleader

Case Synopsis & Summary

Two writ petitions—WP(C).No.14707/2020 (lead) by Leela Santu and WP(C).No.2230/2020 by Noah Exim and Realtors Ltd.—challenge the denial of occupancy certificates under the Kerala Paddy Land and Wetland Act, 2008 and Building Rules. In 14707, the petitioner seeks quashing Ext.P2 and a mandamus to grant an occupancy certificate for construction completed after a building permit issued in 2017, contending Rule 22(3) of the Kerala Municipality Building Rules required occupancy within 15 days of completion; the reply rests on the land being described as nilam/paddy land in the BTR. In 2230, the petitioner asserts that building permits issued before 30.12.2017 should be exempt from fresh clearance under Sec.27A of the amended Act (State Act 28/2018) and that occupancy certificates should be issued following the norms then in force, relying on Ext.P5 Government Circular and judgments of this Court. The court relies on Mahin v. Keezhmad GP and a 2020 decision (5520/2020) to hold that permit pre-2017 holders may be entitled to occupancy certificates despite land reclassification, estoppel, and ultra vires objections. It disposes of both petitions by remitting the occupancy-claims for fresh consideration, with inspection by the Municipal Engineer, hearing, and a time-bound decision, while acknowledging the validity of permits prior to the cut-off date.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008 (State Act 28/2018); Sec. 27A(1) (inserted by Amendment Act 29 of 2008)Kerala Municipality Building Rules, Rule 22(3)

Legal Doctrines & Maxims

  • estoppel
  • ultra vires

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners rely on the Government Circular dated 13.8.2018 (Ext.P5) and precedents like Mahin v. Keezhmad GP to argue that building permits issued before 30.12.2017 should not be impeded by Sec.27A of the amended Paddy and Wetland Act, and that occupancy certificates or completion-related permissions should not be denied solely on the land classification in the tax records, provided construction complied with rules in force at the time. They seek occupancy certificates and, where needed, regularisation of any excess construction after due notice and hearing.

Contentions of Respondents

The respondents contend that occupancy certificates cannot be granted without compliance with Sec.27A and the altered regulatory regime post-2017; they rely on the Nilam/Paddy land description in possession/btr, and seek adherence to statutory permissions under the amended Act. They emphasize that clearance under Sec.27A is essential for land-use changes and occupancy clearance, and that the impugned orders reflect lawful action under the statutory framework.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Mahin v. Keezhmad Grama Panchayat2020 (2) KLT 478PositiveCourt relies on Mahin to affirm estoppel against objections to grant occupancy/completion certificates where permits predated the amended Act and land classification changes occurred post-permit.
W.P.(C).No.5520/2020Noted as Ext.P-6 (2020)PositiveCourt cites this decision as supportive authority for granting occupancy-related relief to pre-2017 permit holders despite land-status changes, consistent with earlier Mahin ruling.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942** ## **WP(C).No.14707 OF 2020(K)** ## **PETITIONER/S:** **LEELA SANTU, AGED 61 YEARS W/O.LATE SANTU THOMAS, KATTANGANAL, KOTHAMANGALAM COLLEGE P.O., KOTHAMANGALAM, PIN-686691.** **BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN** ## **RESPONDENT/S:** **THE SECRETARY, KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM P.O., PIN-686691, REPRESENTED BY ITS SECRETARY.** ## **OTHER PRESENT:** ## **SRI.PEEYUS A.KOTTAM,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, ALONG WITH WP(C).2230/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ::2:: W.P(C).Nos.14707 & 2230 Of 2020 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.2230 OF 2020(C)** ## **PETITIONER/S:** **NOAH EXIM AND REALTORS LTD.** **DOOR NO.39/5428, KOCHERI BUILDING, S.B. AVENUE, PANAMPILLY NAGAR, COCHIN - 682 036, REP. BY ITS MANAGING DIRECTOR SHRI. FLEX SIMON, MUNDAPLACKAL (H), KIDANGOOR DESOM, KOODALLOOR P.O., PIN - 686 572, KIDANGOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT** **BY ADVS. SRI.JOBY CYRIAC SHRI.KURIAN K JOSE** ## **RESPONDENT/S:** - **1 SECRETARY, NEDUMBASSERY GRAMA PANCHAYATH NEDUMBASERY GRAMA PANCHAYATH, KARIYAD, MEKKAD P.O., ERNAKULAM - 683 589** - **2 NEDUMBASERY GRAMA PANCHAYATH, KARIYAD, MEKKAD P.O., ERNAKULAM - 683 589 REPRESENTED BY ITS SECRETARY** - **3 REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM** - **4 THE VILLAGE OFFICER, NEDUMBASSERY, ALUVA, ERNAKULAM - 683 585** ::3:: W.P(C).Nos.14707 & 2230 Of 2020 > **5 STATE OF KERALA** **REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, TRIVANDRUM - 695 001** **R1-2 BY SRI.GEORGE SEBASTIAN,SC,NEDUMBASSERI PA** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, ALONG WITH WP(C).14707/2020(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ::4:: W.P(C).Nos.14707 & 2230 Of 2020 ## **(C.R)** ## **ALEXANDER THOMAS, J** . ----------------------------- W.P(C).Nos.14707 & 2230 Of 2020 --------------------------------Dated this the 30[th] day of July, 2020. ## **J U D G M E N T** As common issues arise in both these matters, these Writ Petitions are disposed of on the basis of this common judgment. W.P.(C).No.14707/2020 is taken as the lead case for the sake of convenience. ## 2. The prayers in W.P.(C).No.14707/2020 are as follows: - _i) Call for the entire records leading to Ext-P2 issued by respondent municipality and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction._ - _ii) Issue a writ of mandamus or any other appropriate writ or direction or order and thereby command the respondent municipality to allow the petitioner’s application for occupancy certificate, de-hors the fact that the petitioner’s property described as nilam in the basic tax register._ - _iii) Grant such other reliefs which are just and necessary in the interest of justice._ ## 3. The prayers in W.P.(C).No.2230/2020 are as follows: - _“1. Issue a writ of mandamus or any other appropriate writ, order declaring that the petitioner, who was issued Building Permits and commenced construction in terms of such Building Permits, prior to 30.12.2017 is not liable to seek permission from RDO under Section 27A of the Paddy & Wetland Act and pay fees prescribed thereunder._ _2. Issue a writ of certiorari or any other appropriate writ, order calling for the original records leading to Exhibit P4 and set aside the same._ _3. Issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to issue Occupancy Certificate to the_ ::5:: W.P(C).Nos.14707 & 2230 Of 2020 _building covered by Exhibit P2 & P2(a) Building Permits._ _4. Issue such other order as is deemed fit, just and proper to safeguard the best interest of the petitioner in the circumstance of the case.”_ 4. In W.P(C).No.14707/2020 the petitioner's deceased husband was earlier granted Ext.P-1 building permit dated 31.7.2017 issued by the respondent-Secretary of the Kothamangalam Municipality for extension and additional construction for having area of 792.49 sq.m. and having total plinth area of 378.41 sq.m. and later petitioner's husband died on 4.5.2019 and that the construction has been completed strictly in accordance with the approved plan and building permit issued by the Kothamangalam Municipality and after completing the construction, on 11.3.2019 the petitioner has submitted application for completion certificate and application for occupancy certificate. As per Rule 22(3) of the Kerala Municipality Building Rules, the respondent-Municipality should have issued occupancy certificate within 15 days from the date of production of the completion certificate, it is urged. Since there was no response, the petitioner has submitted application dated 3.3.2020 under the Right to Information Act proceedings and thereupon the respondent has conveyed information as per Ext.P-3 dated 23.3.2020 informing ::6:: W.P(C).Nos.14707 & 2230 Of 2020 that since the property is described as _'wet land'_ in the possession certificate in respect of the subject property, the occupancy certificate cannot be granted. It is this decision at Ext.P-3 that is under challenge in this Writ Petition. 5. The petitioner's counsel would place reliance on the judgment of this Court as well as the Government Circular dated 13.8.2018 issued by the Government of Kerala in the Local Self Government Department. A copy of the said Government Circular dated 13.8.2018 has been produced as Ext.P-5 in the latter W.P.(C).No.2230/2020. The said Circular bearing No.LSGD406/RA/2018-LSGD dated 13.8.2018 issued on behalf of the State Government in the Local Self Government Department reads as follows: ## " കകരള സർകകർ േ ്കാ നന. തസസ്വഭവ - 406/ആർ. എ 1/2018-തസസ്വഭവ തകദ്ദേശ സസ്വയനഭരണ ( ആർ.എ) വകുപപ തതിരുവനന്തപുരന, തതീയ്യതതി: 13/08/2018 പരതപതന ി വതിഷയന: തകദ്ദേശ സസ്വയനഭരണ വകുപപ - 2018 ലലെ ലനൽവയൽ തണതീർത്തട സനരക്ഷണ(കഭദഗതതി) ആകതിലന്റെ പക്കാബലെല്യ തതീയ്യതതിക്കു മുമപ ലപർമതിറപ നൽകേതിയ നതിർമതിതതികേളതിൽ ഒക്കുലപൻസതി / ലകേടതിട നമർ നൽകുന്നതതിനപ നതിർകദ്ദേശങ്ങൾ പുറലപടുവതിക്കുന്നതപ-സനബനതിചപ. - ബഹ. - സൂചന: തകദ്ദേശ സസ്വയനഭരണ വകുപപ മനതിയുലട 06/08/2018 ലലെ 604/18/ MLSGD നനമർ കുറതിപപ. ::7:: W.P(C).Nos.14707 & 2230 Of 2020 2018 ലലെ കകേരള ലനൽവയൽ തണതിർത്തട സനരക്ഷണ (കഭദഗതതി) ആകപ 30/12/2017 തതീയ്യതതി പക്കാബലെല്യത് **ത** ൽ വന്നതിട്ടുള്ളതക്കാണപ. പസ് **ത** ു ആകതിലലെ വകുപപ 27 ( എ ) ലെക്കാണപ വതിജക്കാപനന ലചയ്യലപടക്കാത്ത ഭൂമതിയതിലലെ നതിർമക്കാണക്കാനുമതതിലയ കുറതിചപ പതതിപക്കാദതിക്കുന്നതപ. എന്നക്കാൽ 30/12/2017 നപ മുമപ തകദ്ദേശ സസ്വയനഭരണ സക്കാപനങ്ങളതിൽ നതിന്നപ ആകതിലന്റെ പക്കാബലെല്യതതിയ്യതതികപ മുൻപപ നതിർമക്കാണക്കാനുമതതി നൽകേതിയതിട്ടുള്ളതന എന്നക്കാൽ ടതി ആകപ നതിലെവതിൽ വന്നതതിനു കശഷന നതിർമക്കാണന പൂർത് **ത** യക് **ക** ാ തിയതിട്ടുള്ളതമക്കായ ലകേടതിടങ്ങൾകപ ഒക്കുലപൻസതി / ലകേടതിട നമർ ലെഭതിക്കുന്നതതിനക്കായതി ബനലപട തകദ്ദേശ സസ്വയനഭരണ സക്കാപനങ്ങലള സമതീപതിക് **ക** ുമക്കാൾ ആകതിലലെ വല്യവസകേൾ പകേക്കാരന ബനലപട റവനന സമതപതo ഡതിവതിഷണൽ ഓഫതീസറുലട അനുമതതി / നതിഷ്കർഷതിച്ചു ലകേക്കാണപ അകപക്ഷകേൾ നതിരസതിക്കുന്നതക്കായതി സർകക്കാറതിലന്റെ ശ്രദ്ധയതിൽലപടതിട്ടുണപ. സർകക്കാർ ഇകക്കാരല്യന വതിശദമക്കായതി പരതികശക്കാധതിച്ചു. 2018 ലലെ കകേരള ലനൽവയൽ തണതീർത്തട സനരക്ഷണ (കഭദഗതതി) ആകപ നതിലെവതിൽ വരുന്നതതിനപ മുമപ അനുവദതിചതിട്ടുള്ള നതിർമക്കാണ ലപർമതിറപ പകേക്കാരന പൂർത് **ത** കേരതിചതിട്ടുള്ള ലകേടതിടങ്ങൾകപ ഒക്കുലപൻസതി/ലകേടതിട നമർ അനുവദതിക്കുന്നതതിനക്കായതി 30/12/2017 തതീയ്യതതികപ കശഷന നതിലെവതിൽ വന്ന ആകതിലലെ വകുപ്പുകേൾ പകേക്കാരമുള്ള കരഖകേൾ നതിഷ്കർഷതിക്കുന്നതപ ശരതിയക്കായ നടപടതിയലല്ലെന്നപ കേക്കാണുന. അതതിനക്കാൽ 30/12/2017 നപ മുമപ അന്നപ നതിലെവതിലെതിരുന്ന ചടങ്ങളന വല്യവസകേളന പക്കാലെതിചപ അത പകേക്കാരന സമർപതിചതിട്ടുള്ള അകപക്ഷകേളതിൽ ബനലപട തകദ്ദേശ സസ്വയനഭരണ സക്കാപനന എല്ലെക്കാ വതിധ പരതികശക്കാധനകേളന നടത് **ത** ചടവതികധയമക്കാലണന്നപ ഉറപ്പു വരുത് **ത** യതതിനു കശഷന അനുവദതിചതിട്ടുള്ള നതിർമക്കാണ പർമതിറപ പകേക്കാരന പൂർത് **ത** കേരതിച ലകേടതിടങ്ങൾകപ ഒക്കു ലപൻസതി / ലകേടതിട നമറതിനക്കായതി സമർപതിക്കുന്ന അകപക്ഷകേളതിൽ 2018 ലലെ കകേരള ലനൽവയൽ തണതീർത്തട സനരക്ഷണ (കഭദഗതതി) ആകതിലലെ (2018 ലലെ 29) വല്യവസകേൾ ബക്കാധകേമലല്ലെനന പസ് **ത** ു ലകേടതിട നതിർമക്കാണ ലപർമതിറപ നൽകുകമക്കാൾ നതിലെവതിലുണക്കായതിരുന്ന നതിയമങ്ങൾ ആണപ ടതി ലകേടതിടങ്ങൾകപ ഒക്കുലപൻസതി / ലകേടതിട നമർ നൽക്കുന്ന അവസരത് **ത** ൽ ബക്കാധകേലമനന ഇതതിനക്കാൽ അറതിയതിക്കുന. റതി.ലകേ.കജക്കാസപ അഡതിഷണൽ ചതീഫപ ലസക്രടറതി" 6. Whereas in W.P.(C).No.2230/2020, the petitioner is stated to be in absolute ownership and possession of the property having an extent of 29.07 Ares in Nedumbassery Village, Aluva Taluk covered by Ext.P-1 land tax receipt. According to the petitioner, the property was originally paddy field which was later converted as _'garden land/purayidam_ ' as early as in the year 1999 and that the subject property has not been included in the land ::8:: W.P(C).Nos.14707 & 2230 Of 2020 data bank prepared as per the State Act 28 of 2018. That prior owner of the property has secured Ext.P-2 building permit dated 5.6.2009 and Ext.P-2(a) building permit dated 10.9.2009 issued by the 1[st] respondent-Secretary of the Nedumbassery Grama Panchayath. Later, the petitioner has purchased the subject property in the year 2012 and along with the rights to construct the building as per Ext.P-2 and P-2(a) building permits which were issued in the year 2009 and construction was completed in the year 2015 as per completion certificate dated 13.8.2015 issued by the 1[st] respondent-Panchayath Secretary. The sole short coming which was noted by the 1[st] respondent want of NOC from the Fire & Safety Department, which was also subsequently obtained and produced by the petitioner, it is stated. The complaint of the petitioner is that now by the impugned Ext.P-4 order dated 15.11.2019, the 1[st] respondent-Panchayath Secretary has taken the stand that the request of the petitioner for occupancy certificate of the completed construction can be considered only after the petitioner getting statutory permission from the 2[nd] respondentRDO in terms of Sec.27A(1) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (State Act 28/2018). It is the case ::9:: W.P(C).Nos.14707 & 2230 Of 2020 of the petitioner that Sec.27A thereof has been inserted by amendment Act 29 of 2008 which came into force prospectively from 30.12.2017 and that Sec.27A would also clearly mandates that it is only applications filed for change of user of land after 30.12.2017 could be considered in terms of the provisions of the Act. The petitioner would mainly place reliance on the aforementioned Government Circular dated 13.8.2018 produced as Ext.P-5 in W.P.(C). No.2230/2020 as well as various judgments of this Court. 7. Heard Sri.P.K.Soyuz, learned counsel appearing for the petitioner in W.P.(C).No.14704/2020 and Sri.Joby Cyriac, learned counsel appearing for the petitioner in W.P(C).No.2230/2020, Sri.Peeyus A Kottam, learned Standing Counsel for Kothamangalam Municipality appearing for the respondent in W.P.(C).No.14704/2020, Sri.George Sebastian learned Standing counsel for Nedumbassery Grama Panchayath appearing for respondents R1 & R2 in the latter Writ Petition (2230/2020) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the official respondents concerned. ::10:: W.P(C).Nos.14707 & 2230 Of 2020 8. The petitioners mainly place reliance on various judgments of this Court as in _**Mahin v. Keezhmad Grama Panchayat**_ [2020 (2) KLT 478] and judgment dated 26.2.2020 in W.P.(C).No.5520/2020 [produced as Ext.P-6 in W.P. (C).No.14707/2020], etc. That apart, the State Government has now clarified beyond any pale of doubt that in cases as in the instant one, the benefit could be given to the building permit holders, who secured building permit from the local bodies concerned before 30.12.2017 (date of coming into force of the amended provisions of the State Act 28/2018, which has introduced as per Sec.27A thereof] as can be seen from the abovesaid Ext.P-5 Circular dated 13.8.2018. The State Government has declared unambiguously and categorically that where the applicant concerned has secured building permit to construct a building from the local body concerned prior to 30.12.2017, even in respect of the properties which has been converted as garden land much before 2008 Act, objections raised by the local bodies that they will have to necessarily secure statutory permission in terms of Sec.27A of the amended provisions of the 2008 Act is not tenable so long as the building ::11:: W.P(C).Nos.14707 & 2230 Of 2020 permit has been issued prior to 30.12.2017 and even if the building construction has been actually completed after the cut off date, then request in such cases pertaining to completed construction for for issuance of occupancy certificate/building numbering, etc., would be considered without being in any manner detrimentally affected by the said amended provisions of the said Act 28 of 2018, which now came into force only prospectively from 30.12.2017. However, it has been clarified in the Government Circular that such construction should be in compliance with the then prevailing norms and Rules. 9. In the instant case, it is beyond any dispute that building permits covered in both these Writ Petitions have been issued long prior to 30.12.2017 (the date of coming into force of the amended provisions of the State Act 28 of 2008 Act). Hence petitioners are fully entitled to get the benefit of the said Government Circular dated 13.8.2018. That apart, this Court has already held in various decisions as in _**Mahin v. Keezhmad Grama Panchayat**_ [2020 (2) KLT 478] that in cases where the subject property has been converted prior to 2008 Act and building permit has been issued by the local body concerned ::12:: W.P(C).Nos.14707 & 2230 Of 2020 without reference to the nature of the land and after the construction of the building the local body will be estopped from raising objections for grant of completion certificate, occupancy certificate or for grant of permit for additional construction on the ground that subject property continued to be descried as ' _nilam/paddy land_ ' in the BTR. Those aspects are also reiterated in judgments as in the one rendered on 26.2.2020 in W.P. (C).No.5520/2020 [Ext.P-6 in W.P.(C).No. 14707/2020]. In both these cases, the respondent-local bodies have granted building permit to the respective applicants concerned without raising any objection regarding the nature of the land and construction has been completed and they have sought for grant of occupancy certificate and the building permits have been secured much prior to the cut off date of 30.12.2017. In the light of these aspects, the petitioners are also entitled to succeed on the basis of the aspects already dealt with by this Court in _**Mahin v. Keezhmad Grama Panchayat**_ [2020 (2) KLT 478], etc. In that view of the matter, it is ordered that the impugned stand of the respondent-local body concerned rejecting the plea of the petitioners for grant of occupancy certificate, etc., is declared to be illegal and _ultra vires_ ::13:: W.P(C).Nos.14707 & 2230 Of 2020 and the same will stand set aside and quashed and consequential respective applications submitted by the respective petitioners for grant of occupancy certificate will stand remitted to the respective Secretary of the respondent-local body concerned in these cases for consideration and decision afresh. 10. Sri.P.K.Soyuz, learned counsel for the petitioner in W.P.(C). No.14707/2020 would submit that the respondentMunicipal Secretary therein has taken the stand in Ext.P-2 that after inspection the subject construction seems to be in excess of the permitted plinth area permitted by the building permit. The learned counsel for the petitioner would submit that the factual allegations raised are not correct and an inspection with notice to the petitioner would disclose the correct factual aspect and even if there is any excess area, the the petitioner is willing to make application for regularisation of the construction, which is in excess of the permitted area. 11. Accordingly, it is ordered in W.P.(C).No.14707/2020 that the request of the petitioner for grant of occupancy certificate will stand remitted to the Secretary of the Kothamangalam Municipality for consideration and decision afresh and inspection ::14:: W.P(C).Nos.14707 & 2230 Of 2020 could be conducted by the Municipal Engineer with prior notice to the petitioner to ascertain as to whether the subject construction has been completed within the permitted area as per the building permit or whether there is any excess construction and copy of said inspection report should be given to the petitioner in advance and if the inspection report disclose any excess construction it will be open to the petitioner to submit application for regularisation of such excess construction before the respondent. Thereupon the respondent will afford reasonable opportunity of being heard to the petitioner through her authorised representative/counsel, if any, and then should take a considered decision on the matters raised in the application for grant of occupancy certificate as well as the application for regularisation, if so required on the basis of the Building Rules which was in vogue at the time of issuance of building permit. Decision in this regard should be duly rendered by the respondent within one month from the date of receipt of a certified copy of this judgment. The process inspection should be duly completed by the Municipal Engineer within 10 days so that overall time limit of one month could be strictly adhered to by the respondent. ::15:: W.P(C).Nos.14707 & 2230 Of 2020 12. As regards W.P.(C).No.2230/2020, it is ordered that the application of the petitioner for grant of occupancy certificate will stand remitted to the 1[st] respondent-Secretary of the Nedumbassery Grama Panchayath for considered and decision afresh and after affording opportunity of being heard through his authorised representative/counsel, if any, the 1[st] respondent will pass orders on the said application in accordance with the building Rules which was in force at the time of grant of building permit, without much delay, preferably within a period of 3 weeks from the date of production of a certified copy of this judgment. The respective petitioners will produce certified copies of this judgment along with copies of the memorandum of Writ Petition with all exhibits before the respondent authorities concerned for necessary information and further action. With these observations and directions, the above Writ Petitions will stand finally disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::16:: W.P(C).Nos.14707 & 2230 Of 2020 ## **APPENDIX OF WP(C) 14707/2020** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** **THE TRUE COPY OF THE BUILDING PERMIT NO.PW2-BA(6783)/2018 DATED 31.07.2017 ISSUED BY KOTHAMANGALAM MUNICIPALITY.** - **EXHIBIT P2** - **THE TRUE COPY OF THE REPLY DATED 23.03.2020 GIVEN TO THE PETITIONER'S SON TISAN SANTU BY THE PUBLIC RIGHT TO INFORMATION OFFICER, KOTHAMANGALAM MUNICIPALITY.** - **EXHIBIT P3 THE TRUE COPY OF THE COMPLETED EXTENSION PLAN AND RESIDENTIAL CUM COMMERCIAL BUILDING AS PER EXT-P1 BUILDING PERMIT.** - **EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE PUBLIC RIGHT TO INFORMATION OFFICER, KOTHAMANGALAM MUNICIPALITY TO THE EFFECT THAT BUILDING NO.30/534, 535 AND 536 ARE IN EXISTENCE FOR MORE THAN 30 YEARS IN THE VERY SAME PROPERTY.** - **EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT MAHIN V.KEEZHMAD GRAMA PANCHAYATH 2020(2)KLT 478.** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) 5520/2020-(L) DATED 26.02.2020.** ::17:: W.P(C).Nos.14707 & 2230 Of 2020 ## **APPENDIX OF WP(C) 2230/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL07041705401/2019 DATED 14.06.2019 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P2** **TRUE COPY OF BUILDING PERMIT NO.A5-4709 DATED 05.06.2009 (PERMIT FOR BASEMENT, GROUND FLOOR, FIRST FLOOR AND SECOND FLOOR) ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P2(A) TRUE COPY OF BUILDING PERMIT NO.A5152/2009 DATED 10.09.2009 ISSUED BY THE 1ST RESPONDENT** **EXHIBIT P3 TRUE COPY OF RECEIPT NO.5708 DATED 13.08.2015 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P3(A) TRUE COPY OF THE COMPLETION CERTIFICATE DATED 13.08.2015** **EXHIBIT P4 TRUE COPY OF THE ORDER NO.A3-5708/2015 DATED 15.11.2019**