Kerala High Court
K.H. Abdul Majeed vs The Kalamassery Municipality on 23 March, 2023
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 9585 OF 2023
PETITIONERS:
1 K.H. ABDUL MAJEED
AGED 57 YEARS
SON OF LATE HASSAN, ILLIKKAL HOUSE, KAVUNGAPADATH, VMB
ROAD, PATHADIPALAM, KOCHI, PIN - 682033
2 K.H. ABDUL SALAM, AGED 53,
SON OF LATE HASSAN, ILLIKKAL HOUSE, KAVUNGAPADATH, VMB
ROAD, PATHADIPALAM, KOCHI, PIN - 682033
BY ADVS.
ANIL S.RAJ
K.N.RAJANI
RADHIKA RAJASEKHARAN P.
ANILA PETER
MUHAMMED HARIS K.K.
SIMI S. ALI
SNEHA S. MENON
RESPONDENTS:
1 THE KALAMASSERY MUNICIPALITY
KALAMASSERY REPRESENTED BY IT'S SECRETARY, PIN - 682033
2 THE SECRETARY
KALAMASSERY MUNICIPALITY, KALAMASSERY, PIN - 682033
3 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695003
BY ADV SHRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9585 OF 2023 2
JUDGMENT
Dated this the 23rd day of March, 2023 This writ petition is filed seeking the following reliefs:-
i) This Honourable Court may issue a writ of mandamus or any other appropriate writ, order or direction to the 2 nd respondent to consider and pass orders on Exhibit P8 representation of the petitioners before 1.4.2023.
2. Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned Standing Counsel appearing for the respondent Municipality.
3. It is submitted by the learned counsel for the petitioners that the petitioners were granted Ext.P1 building permit in the year, 2012 by the 2nd respondent. The building permit was subsequently modified and a fresh plan was also sanctioned with certain conditions as evidenced by Ext.P5 on 24/1/2022. It is submitted that the petitioners had completed the construction of part of the building and had submitted completion plan and applied for partial occupancy showing the completed portion of 277.11 sq.mt as evidenced by Ext.P6. However, by Ext.P7 proceedings dated 7/3/2023 the petitioner was informed by the Municipality that there are certain WP(C) NO. 9585 OF 2023 3 deviations from the building permit in the completion plan. It is submitted that the petitioners had submitted Ext.P8 representation and had expressed their intention to regularise the deviation effected. It is submitted that though Ext.P8 was received as early as on 15/3/2023 no further steps have been taken on the same.
4. A statement has been placed on record by the 2 nd respondent reiterating that there are certain deviations from the building permit and the plan as sanctioned and the completion plan as submitted by the petitioners. In these circumstances that Ext.P7 notice had been issued to the petitioners. It is stated that the petitioners had submitted Ext.P8 reply and that the issue is also pending consideration in WP(c) 16785/2021.
Having considered the contentions advanced on either side and in view of the fact that the respondents have issued Ext.P7 notice to the petitioners pointing out certain deviations from the building permit and the approved plan appended thereon, I am of the opinion that Ext.P8 representation preferred by the petitioners is liable to be considered in accordance with law. In case the petitioners submit a request for regularization of the construction, the same shall also be considered in accordance with law by the 2 nd respondent in WP(C) NO. 9585 OF 2023 4 appropriate decision taken thereon. Appropriate steps shall be taken within a period of one month from the date of receipt of a copy of this judgment. In case there are any further steps to be taken by the petitioners, the petitioners shall be put on notice by the 2 nd respondent and necessary orders shall be taken after hearing the petitioners.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska WP(C) NO. 9585 OF 2023 5 APPENDIX OF WP(C) 9585/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT B.A. 755 OF 2011 DATED 5.12.2012 Exhibit P2 TRUE COPY OF THE REVISED PLAN FOR EXHIBIT P1 Exhibit P3 TRUE COPY OF THE ORDER DATED 22.7.2021 OF THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 9.8.2021 Exhibit P5 TRUE COPY OF THE ORDER DATED 24.1.2022 EXTENDING THE VALIDITY OF THE PERMIT Exhibit P6 TRUE COPY OF THE COMPLETION PLAN SUBMITTED BY THE PETITIONERS Exhibit P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 7.3.2023 Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 14.3.2023 Exhibit P9 TRUE COPY OF THE RECEIPT OF EXHIBIT P8 DATED 15.3.2023