Kerala High Court
Pauly Joseph vs Chalakudy Municipality on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:54976
WP(C) NO. 37396 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 37396 OF 2023
PETITIONER:
PAULY JOSEPH,
AGED 54 YEARS
S/O.JOSEPH, THAZHEKADAN HOUSE, POTTA, CHALAKKUDY,
THRISSUR DISTRICT, PIN - 680722
BY ADVS.
SRI.RENJITH THAMPAN (SR)
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENTS:
1 CHALAKUDY MUNICIPALITY,
MUNICIPAL OFFICE, CHALAKUDY P.O., THRISSUR
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -
680307
2 THE SECRETARY,
CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY
P.O., THRISSUR DISTRICT, PIN - 680307
SRI.SHEEJO CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:54976
WP(C) NO. 37396 OF 2023
2
C.S.DIAS, J.
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W.P.(C) No.37396 of 2023
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Dated this the 25th day of July, 2025
JUDGMENT
The writ petition is filed to declare that the petitioner has obtained a deemed occupancy certificate in view of Rule 20(3) of the Kerala Municipality Building Rules, 2019 ('KMBR', in short).
2. The petitioner is the owner in possession of 1.21 Ares of land comprised in Survey No.446/1 in East Chalakkudy Village in Thrissur District, covered under Sale Deed No.643/2017, which is situated within the territorial limits of the 1st respondent-Municipality. On the strength of Ext.P1 building permit, the petitioner has constructed a commercial building in the said property. On completion of the construction, the petitioner submitted an application for occupancy certificate on 2025:KER:54976 WP(C) NO. 37396 OF 2023 3 27.04.2023, which is evidenced by Ext.P2 acknowledgment receipt. However, the respondents have not approved or rejected the said application. In view of Rule 20(3) of the KMBR, the petitioner is entitled to a deemed occupancy certificate, as the application was not considered within 15 days from the date of submission. Therefore, the petitioner is entitled to a deemed occupancy certificate.
3. In the counter-affidavit filed by the respondents 1 and 2, it is contended that the writ petition is not maintainable because the petitioner has not pleaded about the pendency of O.P.No.620/2023 pending before the Ombudsman for Local Self Government Institutions, wherein a direction was sought to demolish the petitioner's building on the ground that it is being constructed in the parking space of Vyapara Bhavan. The complainants in the aforesaid original petition are 2025:KER:54976 WP(C) NO. 37396 OF 2023 4 necessary parties in the writ petition. After the grant of Ext.P1 building permit, the respondents received complaints alleging that the petitioner is carrying on unauthorised construction. Immediately, the 1st Grade Overseer conducted a site inspection and has recommenced to initiate proceedings to cancel Ext.P1 building permit, if it is proved that the same is obtained in respect of the parking area of the Vyapara Bhavan. Since the files relating to the building permit granted to the Vyapara Bhavan could not be traced out, the respondents issued Exts.R1(b) and R1(c) notices dated 15.09.2022 to the Vyapara Bhavan and one Aravindakshan to produce the completion plan of their building within 7 days. However, the office bearers of the said Vyapara Bhavan have not cared to produce the said documents. Ext.R1(d) notice dated 15.09.2022 was also issued to the petitioner. The petitioner has also not given 2025:KER:54976 WP(C) NO. 37396 OF 2023 5 any reply to the said notice. Instead, he has submitted Ext.R1(f) representation to the 2nd respondent praying to drop all further proceedings. It was in the aforesaid circumstances that no action was taken on the application for occupancy certificate.
4. The petitioner has filed a reply-affidavit refuting the allegations in the counter-affidavit. He has reiterated that the 2nd respondent was statutorily bound to consider the application for occupancy certificate within 15 days from its submission. The petitioner is unaware of any proceedings pending before the Ombudsman. He has also not received any notice till date. On receipt of Exts.R1(d) and R1(e) notices, the petitioner has submitted his reply. He is also not aware of any complaints allegedly filed against him. The alleged irregularities, if any, found by the office of the respondents is not a ground to deny the occupancy 2025:KER:54976 WP(C) NO. 37396 OF 2023 6 certificate. The stand of the respondents is violative of the petitioner's constitutional rights under Article 300A of the Constitution. Hence, the writ petition may be allowed.
5. Heard; the learned Senior Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
6. It is not in dispute that the 2 nd respondent has issued Ext.P1 building permit on 16.05.2022 permitting the petitioner to construct a building in the property mentioned in the said building permit. The petitioner contends that he completed the construction of the building and had submitted an application for occupancy certificate on 27.04.2023, which is acknowledged by Ext.P2 receipt. This fact is not disputed by the respondents.
7. It is apposite to refer to Rule 20(3) of the 2025:KER:54976 WP(C) NO. 37396 OF 2023 7 KMBR, which reads as follows:
"(3) The Secretary shall, on receipt of the completion report and on being satisfied that the construction or reconstruction or addition or alteration has been carried out in conformity with the permit given, issue occupancy certificate in the form in Appendix F2 along with a copy of the plans duly certified by the Secretary not later than fifteen days from the date of receipt of the completion report:
Provided that, in case there is deficiency as per provisions of these Rules, in minimum width of mandatory open space/yard after completion of the construction, other than the distance stipulated as per Section 383A of the Kerala Municipality Act, 1994 (20 of 1994) and sub-rule (6) of Rule 81 of these rules, the Secretary may allow a tolerance up to 5% of the minimum mandatory open space/yard to be provided as per these rules or twenty five centimeters, whichever is less, for the building constructed:
Provided further that if no such occupancy certificate is issued within the said fifteen days, the owner may proceed as if such occupancy certificate has been duly issued to him.
Provided further that if any road widening project or public facilities project is taken up by any public agency after the building permit is issued and before the completion of the building as per the provisions of the Detailed Town Planning Scheme/Master plan or otherwise, the deficiency in setback due to the road widening shall not be treated as a violation of these rules and occupancy certificate shall be issued.
On the expiry of fifteen clear days from the date of valid application for occupancy certificate, the applicant shall submit a letter stating that he is liable to get occupancy certificate and now it is deemed to have issued by the authority.
All Secretaries of Local Self Government Institutions shall acknowledge the receipt of the letter stated in the above paragraph with stamp and date on the same day on the duplicate copy of the letter. This shall be a deemed occupancy certificate. Such deemed occupancy certificate 2025:KER:54976 WP(C) NO. 37396 OF 2023 8 shall be accepted by all the public authorities as proof of completion of the building in compliance to these rules and the municipality shall accept building tax from such date of having the occupancy certificate deemed."
8. The respondents do not have a case that they have neither approved nor rejected the petitioner's application for occupancy certificate within 15 days from 27.04.2023. It is only in the counter-affidavit filed by the respondents dated 27.01.2024, they have taken a stand that they received complaints against the construction being carried out by the petitioner. At the same time, they also state that the complainants have not produced the requisite materials and have not responded to the notices issued by them.
9. The learned Standing Counsel for the respondents now submits that, the respondents have received a communication from the Principal Secretary, Local Self Government Institutions to measure the property belonging to the Vyapara Bhavan and only 2025:KER:54976 WP(C) NO. 37396 OF 2023 9 thereafter to take a decision on petitioner's application.
10. In view of the statutory mandate under Rule 20(3) of the KMBR and the admitted fact that the respondents have not responded to the application for building permit within 15 days from its receipt, I am satisfied that the petitioner is entitled to a deemed occupancy certificate on expiry of the statutory period. Therefore, notwithstanding the respondents' right to initiate appropriate action in accordance with law, I declare that the petitioner is entitled to a deemed occupancy certificate.
In the aforesaid circumstances, I allow the writ petition by declaring that the petitioner is entitled to a deemed occupancy certificate for the reasons mentioned above and the 2nd respondent is directed to issue an occupancy certificate in the physical form within two weeks from the date of production of a copy of this 2025:KER:54976 WP(C) NO. 37396 OF 2023 10 judgment. It is made clear that this judgment will not stand in the way of the respondents initiating action against the petitioner, in accordance with law, if so advised.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:54976 WP(C) NO. 37396 OF 2023 11 APPENDIX OF WP(C) 37396/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF BUILDING PERMIT NO.
E3/3271/22 DATED 16.05.2022 ISSUED BY THE MUNICIPALITY TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO. 10955 OF 2023 DATED 27.04.2023 ISSUED TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.
36681/RA1/2009/LSGD DATED 27.06.2010 EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO.21829 DATED 01.11.2023 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.10.2023 OF THE PETITIONER TO THE SECRETARY AS ENDORSED BY THE ASSISTANT EXECUTIVE ENGINEER ON 2.11.23 RESPONDENT EXHIBITS EXHIBIT R1(A) THE TRUE COPY OF APPLICATION FOR BUILDING PERMIT DATED 11.2.2022 FILED BY THE PETITIONER EXHIBIT R1(B) THE TRUE COPY OF THE NOTICE DATED 15.09.2022 ISSUED TO PRESIDENT/SECRETARY OF THE MERCHANT ASSOCIATION, VYAPARA BHAVAN CHALAKUDY EXHIBIT R1(C) THE TRUE COPY OF THE NOTICE DATED 15.09.2022 ISSUED TO ARAVINDHAKSHAN AND 2 OTHERS EXHIBIT R1(D) THE TRUE COPY OF THE NOTICE DATED 15.09.2022 ISSUED TO PETITIONER EXHIBIT R1(E) TRUE COPY OF THE NOTICE DATED 20.10.2022 ISSUED TO PETITIONER EXHIBIT R1(F) TRUE COPY OF THE REPRESENTATION DATED 8.05.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT