Ettuthengil Ismail vs The Secretary
2021 Latest Caselaw 7598 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

              RP.No.272 OF 2019 IN WP(C). 31129/2014

 AGAINST THE JUDGMENT DATED 21.02.2019 IN WP(C) 31129/2014(M) OF
                      HIGH COURT OF KERALA


REVIEW PETITIONER/PETITIONER:

             ETTUTHENGIL ISMAIL
             AGED 40 YEARS
             AL-SAFA, KINAVAKKAL, KOTTAYAM,
             KOTTAYAM MALABAR,
             KANNUR DISTRICT-670 643

             BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS/RESPONDENTS:

      1      THE SECRETARY
             KOTTAYAM GRAMA PANCHAYAT,
             P.O. KOTTAYAMPOYIL,
             KANNUR DISTRICT-670 691

      2      THE PRESIDENT
             KOTTAYAM GRAMA PANCHAYAT COMMITTEE, P.O,
             KOTTAYAMPOLYIL, KANNUR DISTRICT-670 691

      3      THE TAHSILDAR,
             TALUK OFFICE, THALASSERY,
             KANNUR DISTRICT-670 101


             BY ADV.
             R1 AND 2 - SRI.CIBI THOMAS

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03-03-2021,
THE COURT ON 04-03-2021 PASSED THE FOLLOWING:
 RP.No.272 OF 2019 IN WP(C). 31129/2014

                                                     2




                                                      ORDER

Dated this the 4th day of March 2021

This review petition is filed by the petitioner seeking to review

the judgment of this Court dated 21.02.2019 in W.P.(C).No.31129

of 2014, whereby the following directions were issued:-

"3. Having heard learned counsel for the petitioner, learned Government Pleader as well as the learned counsel appearing for respondent Nos. 1 and 2, this writ petition is disposed of, leaving open the liberty of the 1st respondent to consider if any adverse consequences is still remaining in respect of the construction carried out by the petitioner and if any occupancy application is pending consideration before the 1st respondent. However, I make it clear that if all the proceedings are complete pursuant to the application submitted by the petitioner seeking occupancy and numbering of the building, it shall not be disturbed on any account."

2. Now the review petition was filed by the petitioner

complaining that the observation contained in the judgment to

consider the application for occupancy certificate taking into

account any adverse consequences remaining in the construction of

the building is causing serious prejudice and therefore there is a

clear error apparent on the face of the record.

3. In my considered opinion, after securing a permit the

applicant shall have to construct the building in accordance with the

plan and permit sanctioned by the Grama Panchayat, as per the

provisions of the Kerala Panchayat Building Rules,2011. If the

building is constructed and occupancy is required, necessarily the RP.No.272 OF 2019 IN WP(C). 31129/2014

applicant will have to submit an application before the Secretary

seeking occupancy certificate, which is a vital requirement

enabling the Secretary to identify as to whether the plan and

permit is violated or the applicant has violated the building rules

while carrying out the construction. The direction given by this

Court would clearly show that, it was in accordance with the terms

of the provisions of law the direction was issued. However, it is also

clear that the interim order passed to provide building number and

the building number granted by the Panchayat was directed never

to be altered.

Taking into account the above aspect, I am of the considered

opinion that the petitioner has not made out any case of error

apparent on the face of record, so as to review the judgment.

Needless to say, the review petition fails, accordingly, it is

dismissed. However, I make it clear that all the directions contained

in the judgment will remain intact.

Sd/-

SHAJI P.CHALY JUDGE VPK