Kerala High Court
K.K.Krishnan Namboothiri vs Thiruvanvandoor Grama ... on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF AUGUST 2021/21ST SRAVANA, 1943
RP NO. 491 OF 2021
AGAINST THE JUDGMENT DATED 09.07.2021 IN
WP(C) 10954/2021 OF HIGH COURT OF KERLA, ERNAKULAM
REVIEW PETITIONER/PETITIONER:
K.K.KRISHNAN NAMBOOTHIRI, AGED 66 YEARS,
S/O.LATE M.G.KRISHNAN NAMBOOTHIRI,
MARANGATTU MADAM, KAUSTHUBHOM,
THIRUVANVANDOOR P.O.,
ALAPPUZHA DISTRICT, PIN - 689 109.
BY ADVS.
K.S.BHARATHAN
ALPHIN ANTONY
AADITHYAN S.MANNALI
VISAKH ANTONY
ABEL ANTONY
CHRISTINE MATHEW
RESPONDENTS/RESPONDENTS:
1 THIRUVANVANDOOR GRAMA PANCHAYATH,
PANCHAYATH OFFICE, THIRUVANVANDOOR P.O.,
ALAPPUZHA DISTRICT, PIN - 689 109,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY, THIRUVANVANDOOR GRAMA PANCHAYATH,
PANCHAYATH OFFICE, THIRUVANVANDOOR P.O.,
ALAPPUZHA DISTRICT, PIN - 689 109.
BY ADV.SRI.RINNY STEPHEN, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P.No.491/2021 in WP(C)No.10954/2021
2
ORDER
Dated this the 12th day of August, 2021
The review petitioner filed the writ petition seeking
Occupancy Certificate and Lodging licence in respect of his
building. The writ petition was disposed of on 09.07.2021
with the following directions:
"In the circumstances, the petitioner is directed
to make available whatever documents sought for
under Ext.P11 and cure the defects pointed out in
Ext.P11 and pay requisite fee for application of
regularisation. Once the petitioner cures those
defects and submits proper application under Rule 3
of the Kerala Panchayat Building (Regularisation of
Unauthorised Construction) Rules, 2018, the 2 nd
respondent shall forwarded it to the District Town
Planner, who will in turn forward the same to the State
Government with his recommendations. Once the
Secretary forwards the application to the District Town
Planner and the District Town Planner forwards it to
the State Government along with recommendations,
such application for reularisation shall be considered
without regard to the pendency of Ext.P8."
2. The petitioner filed the review petition stating that
instead of going for regularisation of unauthorised
constructions, the petitioner is ready and willing to remove
the unauthorised portions of such constructions and
R.P.No.491/2021 in WP(C)No.10954/2021
providing private parking place within the premises itself. It
is for the said relief that the review petition has been filed.
3. I have heard the learned counsel for the petitioner
and the leaned Standing Counsel for the respondents.
4. Going through the judgment and review petition, it
is seen that there is no error apparent on the face of the
judgment in the writ petition. What the petitioner seeks is to
get building permit after curing the existing defects. The writ
petition is therefore disposed of making it clear that the
petitioner will be at liberty to cure the defects of the existing
building construction in which case the respondents may
consider the application for Occupancy Certificate in
accordance with law.
The Review Petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
ncd/14.08.2021
R.P.No.491/2021 in WP(C)No.10954/2021
APPENDIX OF RP 491/2021
PETITIONER'S ANNEXURE
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED
09/07/2021 IN WP(C) NO.10954 OF 2021.
