Kerala High Court
Ansar C.S vs State Of Kerala on 4 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 37329 OF 2024
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2025:KER:57980
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 37329 OF 2024
PETITIONER/S:
1 ANSAR C.S.,
AGED 39 YEARS
S/O. LATE.C.M.SALIM CHARUVILA PADEETTATHIL,KAMBALADY,
PORUVAZHI P.O, KOLLAM, PIN - 690520
2 ANAS C.S.,
AGED 36 YEARS
S/O. LATE.C.M.SALIM, CHARUVILA PADEETTATHIL, KAMBALADY,
PORUVAZHI P.O, KOLLAM, PIN - 690520
BY ADVS.
SRI.V.PHILIP MATHEWS
SHRI.ASHISH MATHEW JOHN
SMT.ABIYA MARIYAM MATHEW
SMT.ATHULYA SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA,
LOCAL SELF GOVERNMENT DEPARTMENT REPRESENTED BY
PRINCIPAL SECRETARY ROOM NO. 404A,4TH FLOOR, ANNEX I,
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695003
2 THE SASTHAMCOTTA GRAMA PANCHAYATH
REPRESENTED BY SECRETARY,SASTHAMKOTTA, SASTHAMKOTTA
P.O, KOLLAM DISTRICT, PIN - 690521
3 THE SECRETARY,
SASTHAMCOTTA GRAMA PANCHAYATH, SASTHAMKOTTA,
SASTHAMKOTTA P.O, KOLLAM DISTRICT, PIN - 690521
4 ANEESH,
WP(C) NO. 37329 OF 2024
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2025:KER:57980
AGED 40 YEARS
S/O. LATE.C.M.SALIM CHARUVILA PADEETTATHIL, KAMBALADY,
PORUVAZHI P.O,KOLLAM, PIN - 690520
BY ADVS.
SRI.P.MOHANDAS (ERNAKULAM)
SRI.V.PHILIP MATHEWS
SRI.K.SUDHINKUMAR
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SHRI.R.BHASKARA KRISHNAN
SHRI.BHARATH MOHAN
DR.K.P.SATHEESAN (SR.)
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37329 OF 2024
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C.S.DIAS, J.
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WP(C) No.37329 OF 2024
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Dated this the 4th day of August, 2025
JUDGMENT
The writ petition is filed to quash Ext.P8 letter to the extent it refuses to number the petitioners' building and to direct the respondents 2 and 3 to number the petitioners' building constructed on the basis of Ext.P3 building permit.
2. The petitioners and the 4 th respondent are brothers and the owners of a property covered under Exts.P1 and P2 land tax receipts and situated within the territorial limits of the 2nd respondent Panchayat. The petitioners and the 4 th respondent were issued with Ext.P3 building permit to construct a building in the said property. They completed the construction of the building as per Ext.P4 completion certificate dated 23.05.2024. Consequently, the petitioners and the 4th respondent submitted Ext.P5 application to number the building. By Ext.P6 report, the Assistant Engineer of the Panchayat pointed out certain minor defects, which were cured. Accordingly, they resubmitted Ext.P7 application to WP(C) NO. 37329 OF 2024 4 2025:KER:57980 number the building. Surprisingly, by Ext.P8 letter, the 3 rd respondent has informed that as the building is constructed close to the boundary, consent can be granted for the building only upto a height of seven meters. Therefore, the building cannot be numbered. In a case of identical nature, by Ext.P10 judgment, this Court has held that once a building is constructed in consonance with the building permit, then the Local Self Government Institution cannot turn around and say that the building is constructed in violation of the Kerala Panchayat Building Rules, 2019 ('Rules', for short). The petitioners are entitled to the benefit of a similar judgment. Hence, the writ petition.
3. In the counter affidavit filed by the respondents 2 and 3 it is stated that, it is on the basis of the report of the Assistant Engineer that Ext.P8 letter was issued. It is due to the defect pointed out in Ext.P8 letter that the building has not been numbered.
4. Heard; the learned Counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel for the respondents 2 and 3.
WP(C) NO. 37329 OF 2024 5 2025:KER:57980
5. It is not in dispute that the 2nd respondent had issued Ext.P3 building permit in favour of the petitioners and the 4 th respondent and that they have constructed the building strictly in accordance with the sanctioned building permit. Now the 3rd respondent has contended that, as per Ext.P6 report, the Assistant Engineer has found that the building has been constructed close to the boundary. Actually, the building can only be constructed upto a height of seven meters.
6. The respondents do not have a case that Ext.P3 building permit was not issued by them after conducting the site inspection. After the construction is carried out strictly in accordance with the permit, the Panchayat cannot take a volte face and contend that they cannot number the building because they mistakenly approved the plan.
7. In a case of identical nature, by Ext.P10 judgment, this Court, relying on all its earlier decisions on the point, has held that if any mistake has been committed by the Panchayat in issuing a building permit, then the applicants cannot be held responsible for the same. Accordingly, this Court directed to issue the occupancy certificate and number the building. I WP(C) NO. 37329 OF 2024 6 2025:KER:57980 fully concur with the views in Ext.P10 judgment, which is passed in an identical circumstance.
In the aforesaid circumstances, I allow the writ petition by quashing Ext.P8 letter, and by directing the 3 rd respondent to number the petitioners' and the 4 th respondent's building and issue the occupancy certificate, in accordance with law and as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment.
sd/-
C.S.DIAS, JUDGE rkc/04.08.25 WP(C) NO. 37329 OF 2024 7 2025:KER:57980 APPENDIX OF WP(C) 37329/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LAND TAX RECEIPT NUMBER KL02010105891/2024 DATED 13-05-2024 ISSUED BY VILLAGE OFFICER, SASTHAMCOTTA Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NUMBER KL02010105893/2024 DATED 13-05-2024 ISSUED BY VILLAGE OFFICER, SASTHAMCOTTA Exhibit P3 TRUE COPY OF THE BUILDING PERMIT NUMBER CZ-BA (184952)/ 2021 DATED 31-08-2021 ISSUED BY 2ND RESPONDENT Exhibit P4 TWO PHOTOGRAPHS DATED NIL SHOWING THE BUILDING AND THE SET BACK AFTER COMPLETION Exhibit P5 TRUE COPY OF THE APPLICATION DATED 05-06-2024 FOR NUMBERING THE BUILDING IS SUBMITTED BY PETITIONERS TO 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE REPORT DATED 05-07-2024 BY THE ASSISTANT ENGINEER, L.I.D & E.W. SECTION, SASTHAMCOTTA GRAMA PANCHAYAT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 15-07-2024 SUBMITTED BY PETITIONER AND 4TH RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF LETTER NUMBER 400278 /BABC06/GPO /2024/4207(2) DATED 05-08-2024 ISSUED FROM THE 2ND RESPONDENT TO THE PETITIONERS AND 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED 23-08-2024 DISCLOSING THE ADALATH DIRECTIONS Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 11-09-2024 IN W.P.(C) 12993/2024 PASSED BY THIS HONOURABLE COURT RESPONDENT EXHIBITS Exhibit P11 TRUE COPY OF LETTER TO CMS GROUP NUMBER BR/GEN/10/25-26 DATED 02-05-2025 Exhibit P12 TRUE COPY OF LETTER ISSUED BY THE THIRD RESPONDENT TO THE 4TH RESPONDENT NUMBER 40027820240606114708688 DATED 03-05-2025 Exhibit P13 TRUE COPY OF CERTIFICATE ISSUED BY THE 3RD RESPONDENT BY NUMBER 40027820240606114708688 DATED 08-05-2025