Kerala High Court
K.G.Marar Charitable Trust vs State Of Kerala on 27 January, 2022
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 32229 OF 2015
PETITIONER:
K.G.MARAR CHARITABLE TRUST
AGED 44 YEARS
REPRESENTED BY ITS CHAIRMAN, SRI.P.VINEESH BABU,
S/O.KUNJIRAMAN, VINEESH NIVAS, MANAL, P.O.ALAVIL,
KANNUR DISTRICT
BY ADVS.
SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.JOSEPH GEORGEMULLAKKARIYIL
SRI.T.K.SANDEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001
2 PALLIKKUNNU GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PALLIKKUNNU, KANNUR
670004
BY ADV SMT.MEENA JOHN, STANDING COUNSEL, PALLIKUNNU
GRAMA PANCHAYAT
R1- SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32229 of 2015 2
JUDGMENT
Dated this the 27th day of January, 2022 This writ petition is filed by the petitioner seeking the following reliefs:
i) Issue a writ of mandamus or other appropriate writ, order or direction directing respondent No.2 to pass orders regularising the petitioner's building and issue occupancy certificate for the same, in respect of the petitioner's application referred in Ext.P6 receipt.
ii) Grant such other wreliefs as are deem just and necessary in the facts and circumstances of the case.
2. Grievance of the petitioner is that even though he has carried out construction of a building within the limits of the Pallikkunnu Grama Panchayat - 2nd respondent, after securing building permit from the Secretary of the Grama Panchayat and an occupancy certificate and building number was given, later the Panchayat has cancelled the building permit.
3. Anyhow, it is admitted that the subject matter was under
consideration of the Deputy Director and as per Exhibit P2, in Adalat, the subject matter was settled. It is also pointed out that as per Exhibit P3, W.P.(C) No.32229 of 2015 3 Government has issued an order dated 7.8.2015, granting regularisation of the construction on certain conditions. It is also admitted that petitioner has submitted an application pertaining to Exhibit P6 receipt dated 17.8.2015 to regularise the construction carried out by the petitioner probably over and above the construction carried out as per the building permit issued to the petitioner. The sole relief sought for is, consideration of the application for regularisation on an early basis.
4. Learned standing counsel appearing for the Grama Panchayat submitted that as per the information received by the learned counsel, the subject issue by and between the petitioner and the Grama Panchayat is settled as early as in the year 2019. Whatever that be, I am of the considered opinion that the writ petition can be disposed of with appropriate directions. Exhibit P3 order passed by the State Government dated 7.8.2015, reads thus:
" GOVERNMENT OF KERALA Local Self Government Department - Kannur - Pallikkunnu Grama Panchayat - Regularisation of Unauthorised Construction in Re Survey No.19/10A of Pallikkunnu Village in Pallikkunnu Grama Panchayat under the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010 - sanctioned - Orders issued-- W.P.(C) No.32229 of 2015 4 ____________________________________________ LOCAL SELF GOVERNMENT (RB) DEPARTMENT G.O.(Rt) No.2460/2015/LSGD Dated Thiruvananthapuram 07/08/2015 _________________________________________________________ Read:- 1. G.O.(MS) No.185/10/LSGD dated 21.8.2010
2. Application dated 30.04.11 submitted by Shri.P.Vinesh Babu, Chairman K.G.Marar Charitable Rust, Chald, Alavin P.O., Kannur
3. Letter No.A3/7686/10 dated 9.2.11 and 4024/11 dated 25.5.11 from the Secretary, Pallikkunnu Grama Panchayat.
4. Letter No.D1-2418/11 dated 8.8.12 from the Chief Town Planner, Thiruvananthapuram .
ORDER As per the letter read as 4 th paper above, the Chief Town Planner, Thiruvananthapuram has forwarded the application of Shri.P.Vinesh Babu, Chairman, K.G.Marar Charitable Rust, Chald, Alavin P.O., Kannur for the regularisation of unauthorised construction of a commercial building in Re Survey No.19/10A of Pallikkunnu Village in Pallikkunnu Grama Panchayath. In the technical recommendation forwarded alongwith letter read as 4 th paper above, the Chief Town Planner has recommended to regularise the construction subject to certain conditions.
2. Government have examined the application in exercise of the powers conferred under Rule 5(2)(d) of the Kerala Building (Regularisation of unauthorised construction) Rules, 2010 and are pleased to accord sanction to the Secretary, W.P.(C) No.32229 of 2015 5 Pallikkunnu Grama Panchayath to regularise the commercial building with plinth area of 29.49sq.m carried out in Re Survey No.19/10A of Pallikkunnu Village in Pallikkunnu Grama Panchayath, subject to the following conditions.
1) The Judgment of appeal No.AS 75/2002 filed against a case in the Honourable Municif Court, Kannur.
2) Total plinth area of the building shall not exceed 29.49 Sq.M.
3) Rs.2949/- (Rupees Two thousand Nine Hundred and forty nine only) shall be remitted as compounding fee for regularisation of the building.
3. The amount mentioned above should be remitted in the Government Treasury under the head of account of "0217" Urban Development - 60 Other Urban development Schemes - 800 other receipts-91 compounding fee for regularisation of unauthorised constructions, violating provision of building rules" by the applicant within 30 days from the date of this order and the original chalan receipt shall be produced before the Secretary, Pallikkunnu Grama Panchayath who in turn will take further action for regularising the building as required under the Kerala Building (Regularisation of Unauthorised construction) Rules, 2010.
4. Before issuing occupancy certificate the Secretary, Pallikkunnu Grama Panchayat will ensure that the conditions stipulated in this order are complied with.
By Order of the Governor M.Madhu, Joint Secretary to Government."
5. Heard learned counsel for petitioner Sri.Sandeep.T.K., learned W.P.(C) No.32229 of 2015 6 Standing Counsel for Grama Panchayat Smt. Meera John, learned Government Pleader Sri. Riyal Devassy and perused the pleadings and materials on record.
6. It is also admitted that an application for regularisation was received by the Grama Panchayat. But in view of the submission made by the learned Standing Counsel for the Grama Panchayat, it cannot be presumed that the subject issues raised by the petitioner are still surviving to be adjudicated by the Secretary of the Grama Panchayat. However, on the safer side, I issue the following directions:
7. If under any circumstances, the regularisation application submitted by petitioner is not considered by the Secretary of the Grama Panchayat, it shall be considered in accordance with law under Rules, 2011, at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. However, I make it clear that if the subject issue raised in this writ petition is resolved by granting regularisation, the issue shall not be re-opened under any circumstances.
Sd/-
SHAJI P. CHALY
smv JUDGE
W.P.(C) No.32229 of 2015 7
APPENDIX OF WP(C) 32229/2015
PETITIONER'S EXHIBITS
P1:A TRUE COPY OF THE APPLICATION
DATED 13.01.2011 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND
RESPONDENT
P2:A TRUE COPY OF THE DECISION BY
THE ADALAT DATED 03.02.2011 VIDE
NO. B87/2011
P3:A TRUE COPY OF THE ORDER NO.
GO(RT) NO.2460/2015/LSGD DATED
07.08.2015 ISSUED BY 1ST RESPONDENT
P4:A TRUE COPY OF THE JUDGMENT IN
AS.NO.74/2002 AND 75/2002 DATED
10.11.2006 BEFORE THE SUB JUDGE,
THALASSERY
P5:A TRUE COPY OF THE CHALAN
RECEIPT DATED 17.08.2015
P6:A TRUE COPY OF THE RECEIPT OF
APPLICATION DATED 17.08.2015