Rema K.K vs The Ramanattukara Municipality
2021 Latest Caselaw 20470 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                      WP(C) NO. 19547 OF 2021
PETITIONER :-

             REMA K.K., AGED 55 YEARS
             W/O.VIJAYAN K.K., KANJOLIKUTTIKALATHIL HOUSE,
             KOLATHARA, CHERUVANNUR P.O., KOZHIKKODE DISTRICT.

             BY ADVS.
             BABU S. NAIR
             SMITHA BABU


RESPONDENTS :-

     1       THE RAMANATTUKARA MUNICIPALITY
             REPRESENTED BY ITS SECRETARY, RAMANATTUKARA,
             KOZHIKKODE DISTRICT, PIN-673 633.

     2       THE SECRETARY,
             RAMANATTUKARA MUNICIPALITY, RAMANATTUKARA,
             KOZHIKKODE DISTRICT, PIN-673 633.

             BY ADV P.A.MOHAMMED SHAH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.10.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.19547 OF 2021

                                       -: 2 :-


                                  JUDGMENT

Dated this the 1st day of October, 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the entire records, leading upto Exhibit P5 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions.

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to assign building numbers and occupancy certificate to the first floor of the building constructed by the petitioner as per Exhibit P2 building permit, forthwith, without any further delay ."

2. Heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent Municipality.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the owner in possession of 19 cents of

property in Re-survey No.489/2 of Velipram Village of Kozhikode

Taluk in Kozhikode District. It is submitted that the petitioner had

purchased the property in which there was already a building in

existence. By Ext.P2 building permit issued on 1.3.2010, the

petitioner was permitted to demolish the existing building and to

effect constructions. On the basis of the said building permit, the

petitioner constructed a building after demolishing the old

building. It is submitted that the basement and ground floors of WP(C) NO.19547 OF 2021

the building have been numbered and the petitioner was paying

property tax in respect thereof. However, when a request was

made for occupancy certificate and for numbering the building,

Ext.P5 was issued stating that the petitioner's request can be

considered only if the petitioner obtains orders permitting

conversion of the land. The learned counsel for the petitioner

submits that since it is admittedly a case where a building was

already in existence at the time when the petitioner purchased the

property and since the petitioner had been issued with a building

permit in 2010 and had completed construction of the building and

where occupancy certificate had been granted in respect of two

floors of the building in the very same property, the contention

raised in Ext.P5 is completely untenable. It is submitted that

several judgments of this Court including Ext.P6 judgment covers

the issue and that the contention in Ext.P5 is totally untenable.

4. The learned Standing Counsel appearing for the

respondents submits that the property of the petitioner can be

provisionally numbered and the application for occupancy

certificate and for numbering the building shall be reconsidered by

the Municipality after considering all relevant aspects.

5. In the above view of the matter, the writ petition is

disposed of with the following directions :- WP(C) NO.19547 OF 2021

In view of the fact that the petitioner had constructed

the building on the basis of a building permit and since the

basement and first floors of the building are admittedly numbered

and occupancy certificate issued, the petitioner shall be issued

with a provisional number for the first floor of the building

expeditiously and without further delay.

Thereafter, the application submitted by the petitioner

for occupancy certificate and for numbering shall be taken up and

considered by the Municipality, without reference to the objections

stated in Ext.P5. Appropriate steps shall be taken within a period

of one month from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.10.2021 WP(C) NO.19547 OF 2021

APPENDIX OF WP(C) 19547/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED BY WHICH THE PETITIONER HAD PURCHASED THE PROPERTIES DATED 23.5.2009.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER DATED 1.3.2010 BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 23.4.2013.

Exhibit P4 TRUE COPIES OF THE CASH RECEIPTS ISSUED BY THE 2ND RESPONDENT SHOWING THE PAYMENT OF PROPERTY TAX FOR VARIOUS PERIODS.

Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 27.7.2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 18.3.2020 IN WP(C) NO.7340/2020 OF THIS HON'BLE COURT.