Kerala High Court
Dr. Vinod George vs The Varappuzha Grama Panchayat on 24 June, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
` IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 19707 OF 2022
PETITIONER
DR. VINOD GEORGE
AGED 54 YEARS
S/O. MATHAI KOCHU KUNJU GEORGE, VILLA NO. 5,
KENT NALUKETTU, VENNALA P.O, EDAPPALLY SOUTH
VILLAGE, ERNAKULAM - 682028.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENTS:
1 THE VARAPPUZHA GRAMA PANCHAYAT
VARAPPUZHA P.O., ERNAKULAM - 683 517
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
VARAPPUZHA GRAMA PANCHAYAT
VARAPPUZHA P.O., ERNAKULAM - 683 517.
OTHER PRESENT:
SRI. NIRMAL S, SC;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19707 of 2022 :2:
JUDGMENT
Dated this the 24th day of June , 2022 The petitioner, who is owner of 3.26 Ares of land in Varappuzha Village, has approached this Court seeking to direct the respondents to allot building number to the construction made by the petitioner.
2. The petitioner states that he has constructed a building after obtaining Building Permit. The petitioner completed the building construction and applied for Occupancy Certificate. The petitioner was required to submit an application for regularisation since the Building Permit had already expired. Now, the respondents are insisting for a Plot Development Permit for issuance of Occupancy Certificate.
3. The counsel for the petitioner argued that the requirement of production of Development Permit was considered by this Court in Ext.P18 judgment. This Court W.P.(C) No.19707 of 2022 :3: held that once the construction of the building is completed as per Building Permit and when there is no sub division of plots, a Development Permit cannot be existed. Ext.P18 judgment would squarely apply to the case of the petitioner.
4. The Standing Counsel entered appearance on behalf of the respondents and contested the writ petition. It was pointed out that the petitioner though obtained the Building Permit for construction, he did not complete the construction before expiry of the Building Permit. When the petitioner submitted application for Occupancy Certificate, the petitioner was required to regularise the construction. Without regularisation of construction, an Occupancy Certificate cannot be issued.
6. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
7. In the petitioner's case, the petitioner is aggrieved by the insistence made by the Panchayat for Development Permit. The petitioner has already submitted Ext.P9 application for regularisation. In view of Ext.P18 judgment, W.P.(C) No.19707 of 2022 :4: this Court is of the view that the application for regularisation submitted by the petitioner has to be considered without insisting for Development Permit and if regularisaton is granted, the petitioner can be issued with Occupancy Certificate also.
In the facts and circumstances of the case, taking note of Ext.P18 judgment of this Court, the writ petition is disposed of directing the respondents to consider Ext.P9 application for regularisation submitted by the petitioner, without insisting for Development Permit and take a decision thereon. Depending on the decision of the Panchayat, the petitioner's request for Occupancy Certificate and building number shall also be considered.
N. NAGARESH, JUDGE smm/29.06.2022 W.P.(C) No.19707 of 2022 :5: APPENDIX OF WP(C) 19707/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.
2437/2016 DATED 14/07/2016 OF ALANGAD SUB REGISTRY OFFICE.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 28/12/2021 ISSUED FROM VILLAGE OFFICE, VARAPPUZHA.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12/01/2022 ISSUED FROM VILLAGE OFFICE, VARAPPUZHA. Exhibit P4 TRUE COPY OF THE BUILDING PERMIT DATED 03/04/2017 ISSUED BY THE SECOND RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 22/03/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 22/12/2021 ISSUED BY SUPERVISOR.
Exhibit P7 TRUE COPY OF THE REQUEST DATED 22/03/2022 SUBMITTED BY PETITIONER BEFORE SECOND RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT (WRONGLY DATED 08/06/2022 INSTEAD OF 08/04/2022). Exhibit P9 TRUE COPY OF THE APPLICATION DATED 26/04/2022 SUBMITTED BY PETITIONER BEFORE THE SECOND RESPONDENT.
Exhibit P10 TRUE COPY OF THE ACKNOWLEDGEMENT SLIP DATED 30/04/2022 ISSUED BY THE FIRST RESPONDENT.
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 10/05/2022 ISSUED BY THE SECOND RESPONDENT.
Exhibit P12 TRUE COPY OF THE RESOLUTION NO. 30/2 DATED 12/06/2018 OF THE 1ST RESPONDENT GRAMA PANCHAYAT.
Exhibit P13 TRUE COPY OF RECEIPT DATED 14.06.2018 ISSUED BY THE 2ND RESPONDENT.
W.P.(C) No.19707 of 2022 :6:Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 07.09.2010 IN WP(C) NO. 22338 OF 2010 OF THIS HON'BLE COURT.
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 20/10/2011 IN W.P. (C) NO. 23281 OF 2011 OF THIS HON'BLE COURT.
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 10/04/2013 IN W.P. (C) NO. 20204/2012 OF THIS HON'BLE COURT.
Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 29/07/2020 IN W.P. (C) NO. 14643/2020 OF THIS HON'BLE COURT.
Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 08/06/2022 IN W.P. (C) NO. 14101/2022 OF THIS HON'BLE COURT.