High Court of KeralaSingle Judge2020-09-25Writ petitions disposed of with directions to p...

Sanroyal Builders and Contractors Pvt Ltd v Adattu Grama Panchayat and Others

Case / Petition Number:WP(C).No.10500/2019 (J); WP(C).No.33027/2018 (C)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhammed Mustaque
Judgment Date: 2020-09-25
Court Decision / Holding: The writ petitions are disposed of with a direction to the Adattu Grama Panchayat to pass a reasoned order within six weeks after hearing both petitioners, considering the objections and the Kerala Panchayat Building Rules. No occupancy certificate shall be issued before the final Panchayat decision, and no coercive action or new construction shall take place pending the final order. The petitioners’ other requests depend on the Panchayat’s forthcoming decision. The court records that occupancy regularization, if any, will follow only after due process and final determination by the Panchayat.
Final Disposition: Writ petitions disposed of with directions to pass a reasoned order within six weeks; occupancy certificate not to be issued pending final decision; no coercive action; no new construction pending final order.

Parties to the Case

Appellants / Petitioners

Sanroyal Builders and Contractors Pvt Ltd
Jayachandran

Respondents

Adattu Grama Panchayat
The Secretary, Adattu Grama Panchayat
State of Kerala
Jayachandran
Sarath
Sreeja
Sanjudas N.S. (Managing Director, Sanroyal Builders and Contractors Pvt Ltd)
District Collector/Executive Magistrate Thrissur
Revenue Divisional Officer, Thrissur
Chief Secretary, Secretariat, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Sri. S. Renjith
• Sri. K. R. Prathish
• Sri. R. Lakshmi Narayanan
• Smt. Sreeja Sohan K.

Counsels for Respondents

• Sri. K.B. Gangesh
• Smt. Sreeja Sohan K.
• Sri. R. Reji
• Sri. G. Sreekumar
• Sri. Santosh P. Poduval
• Sri. S. Gopinathan
• Sri. S. Renjith
• Sri. K.R. Prathish
• Sri. A. J. Abhilash
• Sri. M. H. Hanilkumar

Case Synopsis & Summary

This judgment of a single-judge bench of the Kerala High Court deals with two writ petitions arising from construction by Sanroyal Builders and Contractors Pvt Ltd and by Jayachandran in Thrissur, alleged to be in violation of the Kerala Panchayat Building Rules, 2011. WP(C) No.10500/2019 filed by Sanroyal seeks (i) quashing Ext.P8, a 29-09-2018 notice; (ii) a declaration of deemed occupancy for the Residential Apartment 'Sanroyal Sukriti Chittilappilly' under Rule 25(3) of the KB Building Rules, 2011; (iii) a writ of Mandamus commanding issue of an Occupancy Certificate and allotment of building numbers; and (iv) such other reliefs. WP(C) No.33027/2018 filed by Jayachandran challenges alleged violations of the KB Building Rules and seeks appropriate reliefs. The Panchayat had initiated action for violation of the Rules, and no final order has been passed yet. The court observed that regularization cannot proceed before a final Panchayat order and occupancy cannot be granted pending a decision. It directed the Panchayat to pass a reasoned order after hearing both petitioners within six weeks, and cautioned against coercive action or new construction in the interim. The petitions are disposed of accordingly, with occupancy and regularization to be considered only post the statutory decision after due process.

Provisions of Law Cited

Kerala Panchayat Building Rules, 2011, Rule 25(3)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Ext.P8 notice is not legally sustainable as the construction has obtained requisite permits and approvals (building permit and sanctions for electrical, EC/OP, fire safety, etc.) as evidenced by Exhibits P1–P6. They assert there is no final order of violation; they seek occupancy certificates and a deemed occupancy under Rule 25(3) of the KB Building Rules, 2011, urging regularization if permissible by law, while relying on due process and inspection-based verifications. They request quashing of Ext.P13/P14 and related proceedings to enable occupancy and formalization of the complex, while urging that construction remain within approved boundaries pending final decision.

Contentions of Respondents

The respondents submit that construction proceeded in flagrant violation of the Kerala Panchayat Building Rules, 2011. They argue that occupancy certificates cannot be issued where violations are alleged and that a final order from the Panchayat is essential before any regularization. They emphasize the necessity of hearing both petitions, issuing a reasoned order, and taking action in accordance with law if violations are found. They contend that the measures taken so far reflect due process and that coercive actions should be avoided only until a final decision is rendered. The court is urged to allow the Panchayat to complete its proceedings within six weeks, after which occupancy or penalties may be determined.

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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 A.MUHAMED MUSTAQUE** **FRIDAY, THE 25TH DAY OF SEPTEMBER 2020 / 3RD ASWINA, 1942** ## **WP(C).No.10500 OF 2019(J)** ## **PETITIONER:** **THE SANROYAL BUILDERS AND CONTRACTORS PVT LTD UNITED TOWER, LALOOR ROAD, AYYANTHOLE THRISSUR REP BY ITS MANAGING DIRECTOR SANJU DAS, AGED 39, S/O. NARAYANADAS** **BY ADVS. SRI.S.RENJITH SRI.K.R.PRATHISH SRI.R.LAKSHMI NARAYAN** ## **RESPONDENTS:** **1 ADATTU GRAMA PANCHAYAT PURANATTU KARA P.O, THRISSUR DISTRICT, PIN 680 551, REP BY ITS SECRETARY.** - **2 THE SECRETARY, ADATTU GRAMA PANCHAYATH, PURANATTU KARA P.O, THRISSUR DISTRICT, PIN 680 551** - **3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001** - **4 JAYACHANDRAN, AGED 51 YEARS** **S/O. SANKARAN, SANKARAN THADATHIL, CHITTILAPPILLY P.O, THRISSUR, PIN 680 551.** - **5 ADDL. R5 SARATH AGED 33, S/O. SANKARANKUTTY, KOLAPURATH HOUSE, AMBALANAGAR.P.O., CHOORAKATTUKARA, THRISSUR DISTRICT680555. (IMPLEADED AS PER ORDER IN IA-1/2019 DATED 29-102019).** **6 SREEJA AGED 47 YEARS, W/O GOVINDAN, CHIRAKKAL HOUSE, CHITTILAPPILLY.P.O, CHITTILAPPILLY DESOM & VILLAGE, THRISSUR TALUK** [ WP(C).10500/2019, WP(C).33027/2018 ] 2 **THRISSUR DISTRICT. (IMPLEADED AS PER ORDER IN I.A.NO.5/2019 DATED 25/09/2020)** **R1-2 BY SRI. K.B.GANGESH, SC, ADAT GRAMA PANCHAYAT R3 BY GOVERNMENT PLEADER R4 BY ADV. SMT.SREEJA SOHAN K. R4 BY ADV. SMT.R.REJI (ATTINGAL) R5 BY ADV. G.SREEKUMAR (CHELUR) R6 BY ADV. SANTHOSH P.PODUVAL** **ADV. SRI.S GOPINATHAN SR.GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2020, ALONG WITH WP(C).33027/2018(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).10500/2019, WP(C).33027/2018 ] 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 25TH DAY OF SEPTEMBER 2020 / 3RD ASWINA, 1942** ## **WP(C).No.33027 OF 2018(C)** ## **PETITIONER:** **JAYACHANDRAN AGED 51 YEARS** **S/O.SANKARAN, SANKARAN THADATHIL, CHITTALAPILLI PO, THRISSUR, PIN 680551** **BY ADV. SMT.SREEJA SOHAN K.** ## **RESPONDENTS:** **1 ADAT GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PIN 680551 2 SECRETARY ADAT GRAMA PANCHAYATH, ADAT., PIN-680551.** - **3 DISTRICT COLLECTOR/EXECUTIVE MAGISTRATE THRISSUR, PIN-680 001.** **4 THE REVENUE DIVISIONAL OFFICER SUB DIVISIONAL MAGISTRATE, THRISSUR-680 003. 5 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIATE THIRUVANANTHAPURAM, PIN-695001. 6 SANJUDAS N.S. MANAGING DIRECTOR, SANROYAL BUILDERS AND CONTRACTORS, PRIVATE LIMITED, ADMIN OFFICE, 2/559/23 FIRST FLOOR, UNITED TOWER, LALOOR ROAD, ELTHURUTH P.O., THRISSUR, PIN-680611.** **R1 BY SRI. K.B.GANGESH, SC, ADAT GRAMA PANCHAYAT R6 BY ADV. SRI.S.RENJITH R6 BY ADV. SRI.K.R.PRATHISH R6 BY ADV. SRI.A.J.ABHILASH ADV. SRI. M.H.HANILKUMAR SPL GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2020, ALONG WITH WP(C).10500/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).10500/2019, WP(C).33027/2018 ] 4 ## **JUDGMENT** ## **Dated this the 25th day of September 2020** The lead writ petition is WP(C) No.10500/2019. The petitioner approached this Court seeking the following reliefs:- “ _i. Issue a writ of certiorari or any other writ and quash Ext.P8 notice dated 29.09.2018 issued by the 1[st] respondent._ _ii. Declare that the petitioner is having deemed occupancy for the Residential Apartment “Sanroyal Sukriti Chittilappilly” as per rule 25(3) of Kerala Panchayat Building Rules 2011._ _iii. Issue a writ of Mandamus directing the respondents 1 and 2 to issue occupancy certificate to the Residential Apartment of the petitioner's named “Sanroyal Sukriti Chittilappilly”, and allot building number to the apartments complex of the petitioner._ _iv. pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case._ _v. Call for the records leading to Ext.P13 and P14 and quash the same and all other proceedings leading to it, by issuance of a writ of certiorari.”_ ## 2. The matter is related to the construction undertaken by the writ petitioner in WP(C) No.10500/2019. 3. WP(C) No.33027/2018 is filed by Jayachandran alleging [ WP(C).10500/2019, WP(C).33027/2018 ] **==> picture [7 x 8] intentionally omitted <==** the violation of the Kerala Panchayat Building Rules, 2011 while construction being undertaken by the petitioner in WP(C) No.10500/2019. 4. WP(C) No.10500/2019 was filed when Panchayat issued a notice to stop construction pointing out the violation of the Building Rules. 5. It is to be noted that no final order has been passed in the matter by the Panchayat. The writ petitioner in WP(C) No.10500/2019 seeks occupancy certificate as well for the building constructed by them. 6. The party respondents in this case would submit that the building was constructed by the writ petitioner in WP(C) No.10500/2019 in flagrant violation of the Kerala Panchayat Building Rules. 7. In the light of the matter the Panchayat had already initiated action, it is appropriate that action is culminated to the final order after hearing both writ petitioners. Issuance of occupancy certificate would arise only after a decision is taken by the Panchayat in regard to the alleged violation of the Kerala Panchayat Building Rules. If the Panchyat is of the view that the construction is in violation of the [ WP(C).10500/2019, WP(C).33027/2018 ] 6 Kerala Panchayat Building Rules, it cannot be regularized, they are free to take an appropriate action in accordance with law as against the construction. 8. In the light of above, the Panchayat is directed to pass a reasoned order after adverting to the objections and relevant Kerala Panchayat Building Rules within a period of six weeks. Needless to say that both writ petitioners as well as the party respondents also be heard before passing final order. All other requests in the matter by the writ petitioner in WP(C) No.10500/2019 would depend upon the decision to be taken by the Panchayat. It is made clear that the petitioner in WP(C) No.10500/2019 shall not take any new construction, in the meanwhile. The Panchayat also shall not take any coercive action until final order is passed in this matter. The writ petitions are disposed of as above. **Sd/-** ## **A.MUHAMED MUSTAQUE** ## **JUDGE** 25/09/2020 [ WP(C).10500/2019, WP(C).33027/2018 ] 7 ## **APPENDIX OF WP(C) 10500/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT BEARING NO. B1-6484/15 DATED 08-10-2015.** **EXHIBIT P2 TRUE COPY OF THE SANCTION ORDER NO. B211659/17/E1 DATED 03-08-2018 ISSUED BY ELECTRICAL INSPECTOR, THRISSUR** **EXHIBIT P3 TRUE COPY OF THE SANCTION ORDER NO. B511116/18/EIR DATED 24-10-2018 ISSUED BY ELECTRICAL INSPECTOR , THRISSUR EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DATED 30-10-2018 EXHIBIT P5 TRUE PHOTOCOPY OF THE NOC ISSUED BY FIRE AND SAFETY DEPARTMENT DATED 12-12-2018 EXHIBIT P6 TRUE COPY OF THE SAID APPLICATION DATED 2807-2018 FOR OCCUPANCY CERTIFICATE EXHIBIT P7 TRUE COPY OF THE RECEIPT EVIDENCING THE ACKNOWLEDGMENT OF EXT. P6 APPLICATION EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 29-09-2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE REPLY DATED 22-11-2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 18-12-2018 EXHIBIT P11 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT EXHIBIT P12 THE 1ST RESPONDENT HAS REPLIED TO THE EXT. P11 APPLICATION AND ISSUED THE COPY OF THE REGISTER UNDER RIGHT TO INFORMATION ACT. EXHIBIT P13 TRUE COPY OF THE NOTICE DATED 18-10-2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE ORDER DATED 16.10.2019 ISSUED BY THE 1ST RESPONDENT** [ WP(C).10500/2019, WP(C).33027/2018 ] 8 **EXHIBIT P15** **TRUE COPY OF THE REPLY DATED 22.10.2019, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT** **EXHIBIT P16** **TRUE COPY OF THE RECEIPT ACKNOWLEDGMENT THE RECEIPT OF EXT.P15 REPLY BY THE PANCHAYAT** **RESPONDENTS' EXHIBITS:** **EXHIBIT R6(A) TRUE COPY OF REPORT DATED 11.1.19 SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS 35/19 BEFORE THE 1ST ADDITIONAL MUNSIFF COURT, THRISSUR EXHIBIT R6(B) TRUE COPY OF REPORT DATED 3.6.19 SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS 35/19 BEFORE THE 1ST ADDITIONAL MUNSIFF COURT, THRISSUR EXHIBIT R6(C) TRUE COPY OF ORDER DATED 4/1/19 IN I.A.166/19 IN O.S.35/19 ON THE FILE OF 1ST ADDITIONAL MUNSIFF COURT, THRISSUR EXHIBIT R6(D) TRUE COPY OF FIR IN CRIME NO.738/19 OF PERAMANGALAM POLICE STATION EXHIBIT R6(E) TRUE COPY OF SITE INSPECTION REPORT PREPARED BY 1ST RESPONDENT PANCHAYAT EXHIBIT R6(F) TRUE COPY OF REPLY TO THE QUESTIONS RAISED AT GRAMA SABHA MEETING OF WARD NO 4 CONVENED ON 2.10.19 EXHIBIT R4(A) THE TRUE COPY OF THE LAWYER NOTICE DEMANDING RS 10 LAKHS AS COMPENSATION ON 9.8.2019 EXHIBIT R4(B) THE TRUE COPY OF THE SUIT OS NO 224/2019 DATED 9.10.2019 EXHIBIT R4(C) THE TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED ALONG WITH THE SUIT AS OS NO 224/2019 AS IA 2666/2019 DATED 7.9.2019 EXHIBIT R4(D) THE TRUE COPY OF THE WRITTEN STATEMENT DATED 17.8.2019 EXHIBIT R6(G) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE PANCHAYAT. EXHIBIT R6(H) TRUE COPY OF NOTICE ISSUED BY THE RESPONDENT PANCHAYAT.** [ WP(C).10500/2019, WP(C).33027/2018 ] 9 ## **APPENDIX OF WP(C) 33027/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT IS DATED 21.12.17. EXHIBIT P2 TRUE COPY OF THE RECEIPT RECEIVED FROM THE STATION HOUSE OFFICER, PERAMANGALAM POLICE STATION DATED 21.12.17.** **EXHIBIT P3 TRUE COPY OF THE ORDER PASSED DATED 26.12.17. EXHIBIT P4 TRUE COPY OF THE AGREEMENT, DATED 1.1.18. EXHIBIT P5 TRUE COPY OF THE CONSENT LETTER DATED 1.1.18. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 1.1.18. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 4.5.18. EXHIBIT P7 A TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 4.5.18. EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 8.5.18. EXHIBIT P8 A TRUE COPY OF THE RECEIPT OF THE APPLICATION DATED 9.5.18. EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 3.7.18. EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED BY ENVIRONMENTAL ENGINEER DATED 3.7.18. EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 4.7.18. EXHIBIT P11 THE TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER DATED 7.7.18.** **RESPONDENTS' EXHIBITS:- NIL** //TRUE COPY// P.A. TO JUDGE