Kerala High Court
Kuttan vs The Office Of Kodungalloor ... on 15 July, 2021
W.P.(C) No. 21313/2012 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 21313 OF 2012
PETITIONER:
KUTTAN, S/O. KOPPAN,
CHALLIYIL HOUSE, METHALA, KODUNGALLOOR.
BY ADV SMT.E.V.MOLY
RESPONDENT:
THE OFFICE OF KODUNGALLOOR MUNICIPALITY, THRISSUR DISTRICT.
REPRESENTED BY ITS SECRETARY
THRISSUR DIST, REPRESENTED BY ITS SECRETARY - 680 664.
BY ADVS.
SRI.BABU KARUKAPADATH
SRI.K.A.NOUSHAD
SRI.K.A.NOUSHAD,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 21313/2012 :2:
Dated this the 15th day of July, 2021.
JUDGMENT
This writ petition is filed by the petitioner seeking a direction to
the respondent i.e. the Kodungallur Municipality to assign building
number to his residential house assessed as per Ext.P5 without
insisting him to produce the permit for construction of the residential
house.
2. Apparently, the petitioner, along with the other legal heirs,
inherited an immovable property measuring 83 cents, comprised in
Survey No. 329/6, (resurvey No. 329/3) from his father, and they are
in joint possession of the same. Admittedly, an alleged oral partition
was made evident from Ext. P3 rough sketch.
3. The case of the petitioner is that the petitioner has prepared
Ext. P4 plan and carried out construction. It is clear from the
pleadings put forth by the petitioner that no building permit was
secured from the Municipality. According to the petitioner, after the
construction of the house, the building was assessed for building tax
under the Building Tax Act, and an amount of Rs.1350/- was paid
evident from Ext. P5.
4. However, the petitioner has submitted an application seeking
regularisation on 25.01.2012 before the Secretary of the Municipality.
Even though the application is not produced, the said aspect is clearly
discernible from Ext. P6 communication issued by the Secretary of the
Municipality dated 16.02.2012 directing the petitioner to cure the
defects in the application for regularisation and produce necessary
documents to establish the ownership of the petitioner in the property
in question. It was on receipt of Ext. P6 and basically contending that
revenue tax was accepted by the revenue authorities and electricity
connection was granted by the KSEB, the petitioner has filed this writ
petition seeking a direction to the Secretary of the Municipality to
grant building number to the petitioner.
5. I have heard the learned counsel for the Municipality Sri. K.A.
Noushad represented by Adv. Sri. Sheffin Thomas, and perused the
pleadings and materials on record.
6. Going through the pleadings, it is clear that construction was
carried out by the petitioner without securing a permit from the
Secretary of the Municipality. No doubt, by virtue of the provisions of
the Kerala Municipality Act, 1994 ('Act, 1994' for short) and the Kerala
Municipality Building Rules, 1999 ('Rules, 1999' for short), no
construction could be put up by any person without securing any
permit from the Secretary of the Municipality other than the one
exempted under Rule 10 of the Rules, 1999.
7. Here is a case where the petitioner, on realising that the
construction carried out was illegal, has approached the Secretary of
the Municipality seeking regularisation, and in fact, the Secretary has
directed the petitioner to produce necessary documents so as to
identify the situation and to find out whether regularisation can be
granted to the illegal construction put up by the petitioner. It was at
that stage the petitioner, without complying with the direction of the
Secretary, approached this Court seeking a direction to the Secretary
of the Municipality to assign building number to him.
8. In my considered opinion, even if a construction was carried
out without securing a permit, the Secretary of the Municipality was
vested with powers to secure a regularisation application and
regularise the construction as per the Act, 1994 and the Rules, 1999.
The Secretary of the Municipality is also vested with powers under Rule
22 of the Rules, 1999 to consider the issue of regularisation, when an
application is submitted by a person who has carried out illegal
construction, to number the building, by invoking Rule 143 of Rules,
1999, if the construction was carried out in accordance with the Rules.
Therefore, when the Secretary directed the petitioner to produce
necessary documents to consider the aspect in regard to the
regularisation, the petitioner ought to have complied with the same,
instead of rushing to this Court seeking a direction to the Municipality
to assign the building number.
9. In that view of the matter, I am of the considered opinion
that the petitioner is not entitled to secure any relief as is sought for in
the writ petition, but at the same time, it is only fair and proper that
he is given an opportunity to participate in the proceedings in
continuation of Ext.P6 communication issued by the Secretary of the
Municipality dated 16.02.2012 in the matter of the regularisation
application submitted by the petitioner.
Accordingly, this writ petition is disposed of directing the
Secretary of the Municipality that if the petitioner produces necessary
documents as prescribed in Ext.P6 communication issued by the
Secretary within one month from the date of receipt of a copy of this
judgment, the same shall be considered by the Secretary in
accordance with law and attain finality within a period of six weeks
from the date of submission of documents and other requisites by the
petitioner.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
APPENDIX OF WP(C) 21313/2012
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
MUNICIPALITY, THRISSUR.
Exhibit P2 A TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE.
Exhibit P3 A TRUE COPY OF SKETCH.
Exhibit P4 A TRUE COPY OF BUILDING PLAN.
Exhibit P5 A TRUE COPY OF RECEIPT FOR PAYMENT OF BUILDING
TAX (ONE TIME).
Exhibit P6 TRUE COPY OF THE INTIMATION DATED 16/02/2012.
Exhibit P7 A TRUE COPY OF RECEIPT OF PAYMENT FOR
ELECTRICITY CONNECTION.
RESPONDENT'S EXHIBITS: NIL
/True Copy/
PS To Judge.
rv
