Aboobacker vs The Lakkidi -Perur Grama ...
2021 Latest Caselaw 14125 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                           WP(C) NO. 10265 OF 2021
PETITIONERS:

     1       ABOOBACKER
             AGED 60 YEARS
             S/O. KUNHAN KUTTY HAJI, ACHATH HOUSE, PUNNATHALA P. O.,
             MALAPPURAM DISTRICT, PIN - 676 552.

     2       FATHIMA
             AGED 54 YEARS
             W/O. ABOOBACKER, ACHATH HOUSE, PUNNATHALA P. O., MALAPPURAM
             DISTRICT, PIN - 676 552.

             BY ADVS.
             JACOB SEBASTIAN
             SRI.K.V.WINSTON
             SMT.ANU JACOB



RESPONDENTS:

     1       THE LAKKIDI -PERUR GRAMA PANCHAYAT
             PANCHAYAT OFFICE, MANGALAM P. O., PALAKKAD DISTRICT, PIN -
             679 301, REPRESENTED BY ITS SECRETARY.

     2       THE SECRETARY
             LAKKIDI - PERUR GRAMAPANCHAYAT, PANCHAYAT OFFICE, MANGALAM
             P. O., PALAKKAD DISTRICT, PIN - 679 301.

     3       THE ASSISTANT ENGINEER
             LSG DEPARTMENT FOR LAKKIDI-PERUR GRAMAPANCHAYATH, OFFICE OF
             THE ASSISTANT ENGINEER, LSG DEPARTMENT FOR LAKKIDI-PERUR
             GRAMAPANCHAYAT, MANGALAM P. O., PALAKKAD DISTRICT, PIN -
             679 301.

             BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.10265 of 2021
          ==================
           Dated this the 7th day of July, 2021

                           JUDGMENT

Ext.P1 building permit was issued to the

predecessor in interest of the petitioner, for

construction of a commercial building. The

construction was completed after the petitioner

acquired the property. Since there was some

deviation from the approved plan, the petitioner

submitted Ext.P2 application for regularisation. On

the application, the third respondent conducted

inspection and Ext.P4 report was prepared by him

which indicates that all the requirements under the

Building Rules have been satisfied. This fact is

further affirmed in EXt.P5 communication dated

07.12.2020 by the third respondent to the second W. P. (C) No.10265 of 2021

respondent. In spite of the same, without passing

orders on the regularisation application, the

second respondent has issued Ext.P6 communication

requiring the petitioner to demarcate the boundary

of the plot, after which alone, it is stated, the

regularization application would be considered. It

is aggrieved by the said direction, that the

petitioner has approached this Court.

2. As noticed above, from Exts.P4 and P5, the

report and communication of the third respondent,

it is clear that sufficient set back, as necessary,

are available and that the construction adheres to

the Rules. In the circumstances, the further

requirement of fixation of boundary, as sought for

in Ext.P6, is not backed by the Building Rules. The

application is liable to be considered and orders W. P. (C) No.10265 of 2021

to be passed.

3. Accordingly, the writ petition is disposed

of directing the second respondent to consider and

pass orders on Ext.P2 regularisation application in

the light of Exts.P4 and P5, without insisting for

any further measurements as required in Ext.P6. Let

orders be passed within a period of one month from

the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 10265/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED JULY 21, 2016 ISSUED BY THE SECOND RESPONDENT IN THE NAME OF THE PREDECESSOR IN INTEREST OF THE PETITIONERS.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED BY THE PETITIONERS DATED JULY 3, 2020.

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED NOVEMBER 6, 2020 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE INSPECTION REPORT DATED AUGUST 20, 2020 ISSUED BY THE ASSISTANT ENGINEER, LSG DEPARTMENT FOR LAKKIDI-PERUR GRAMAPANCHAYAT.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED DECEMBER 7, 2020 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED JANUARY 29, 2021 ISSUED BY THE SECOND RESPONDENT.

-----