Kerala High Court
M.G.Vikas vs Nayarambalam Grama Panchayath on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(C) NO. 18321 OF 2021
PETITIONER/S:
M.G.VIKAS,
AGED 58 YEARS
S/O.GANGADHARAN,
MALIYEKKAL HOUSE,
NAYARAMBALAM P.O.,
THE MANAGING PARTNER,
ARPITHA TOURIST HOME,
NAYARAMBALAM, PIN-682 509.
BY ADVS.
K.R.VINOD
M.S.LETHA
K.S.SREEREKHA
MARIYA ANTONY
RESPONDENT/S:
1 NAYARAMBALAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
NAYARAMBALAM P.O., PIN-682 509.
2 THE SECRETARY,
NAYARAMBALAM GRAMA PANCHAYATH,
NAYARAMBALAM P.O., PIN-682 509.
BY ADV. SRI. C.P. PEETHAMBARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18321 OF 2021
2
JUDGMENT
This Writ Petition is filed seeking the following relief:-
"(i) Issue a Writ in the nature of
mandamus directing 1st and 2nd respondents to
allot provisional building number and Occupancy
certificate for the building constructed by the
petitioner in the light of Ext.P2 building permit as
seen in Ext.P6 completion plan until the
boundary dispute on the Southern side has been
resolved by a competent civil Court."
2. The petitioner submits that he is the owner of a
building in 54.02 cents of land in Nayarambalam Village of
Kochi Taluk. It is submitted that he had submitted an
application for reconstruction and extension of existing
building. Exhibit P2 permit was granted for the same. It is
submitted that he has completed the construction and had
approached the 2nd respondent for occupancy certificate.
WP(C) NO. 18321 OF 2021
The application was returned and Exhibit P5 communication
has been issued stating that there are violations in the plan.
It is submitted that petitioner has rectified all defects and
submitted Exhibit P6. However, on the ground that there is
a doubt with regard to the boundary on the Southern side of
the property, the occupancy certificate has not been issued
to the petitioner.
3. The learned counsel for the petitioner submits that a
neighbour of the petitioner on the southern side of the
property demolished a fencing situated there and had raised
a boundary dispute. It is submitted that on the ground that
there was such a dispute, the respondents are not
considering the petitioner's application for occupancy
certificate. The learned counsel for the petitioner submits
that the issue with regard to the identification of the
property will be separately taken up by the petitioner.
However, in case the occupancy certificate is not issued to
WP(C) NO. 18321 OF 2021
the petitioner, the petitioner will be disabled from putting the
building to proper use and that therefore, the request of the
petitioner for numbering of the building, atleast on
provisional basis may be considered at the earliest.
4. Adv. C.P Peethambaran, the learned counsel
appearing for the respondents submits that the petitioner
had a permanent number for the building that was in
existence in the property. He had obtained Exhibit P2
building permit for extension/reconstruction of the building.
It is submitted that when Exhibit P6 was submitted and an
inspection was conducted, it was found that there is a
boundary dispute on the Southern boundary of the
petitioner's property and resultantly a lack of set back from
the Southern boundary, which is the reason why the
occupancy certificate could not be issued. It is further
submitted that presently if a number is to be allotted, it can
only be allotted as an unauthorised construction and the
WP(C) NO. 18321 OF 2021
issue with regard to the set back from the boundary will
have to be resolved before the building is finally numbered.
5. Having considered the submissions advanced by the
learned counsel for the petitioner and in view of the
contentions raised by the learned counsel for the
respondents, I am of the opinion that since the petitioner
had admittedly constructed the building on the strength of a
building permit and has completed the construction, a
provisional numbering is to be done to enable the petitioner
to use the building.
6. Accordingly, there will be a direction to the 2 nd
respondent to issue a provisional/UA number to the
petitioner's building, taking note of Exhibit P6, within two
weeks from the date of receipt of a copy of this judgment
after following all procedures. The petitioner shall resolve
the dispute with regard to the southern boundary and once
the same is resolved and the petitioner approaches the
WP(C) NO. 18321 OF 2021
Secretary with the decision of the same, appropriate steps
for numbering of the building on permanent basis shall be
taken up without delay.
This Writ Petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
avs
WP(C) NO. 18321 OF 2021
APPENDIX OF WP(C) 18321/2021
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF THE D & O LICENCE ISSUED IN
FAVOUR OF THE PETITIONER BY THE 1ST
RESPONDENT FOR CONDUCTING HOTEL BUSINESS
IN BUILDING BEARING DOOR NO.7/290 OF
NAYARAMBALAM GRAMA PANCHAYATH.
Exhibit P2 THE COPY OF THE BUILDING PERMIT ISSUED
BY THE 1ST RESPONDENT IN FAVOUR OF THE
PETITIONER AND OTHERS DATED 12.06.2019.
Exhibit P3 THE COPY OF THE SANCTIONED PLAN FOR THE
PROPOSED CONSTRUCTION ISSUED BY THE 1ST
RESPONDENT DATED 12.06.2019.
Exhibit P4 THE PHOTOGRAPH OF THE NEWLY CONSTRUCTED
BUILDING BY THE PETITIONER IN VIEW OF
EXT.P2 BUILDING PERMIT.
Exhibit P5 THE COPY OF THE COMMUNICATION DATED
22.03.2021 ISSUED BY THE 2NE RESPONDENT
ASKING THE PETITIONER TO RECTIFY THE
DEFECTS TO OBTAIN OCCUPANCY CERTIFICATE.
Exhibit P6 THE COPY OF THE COMPLETION PLAN
SUBMITTED BY THE PETITIONER AFTER
RECTIFYING THE DEFECTS POINTED OUT BY
THE 2ND RESPONDENT.
Exhibit P7 THE COPY OF THE COMMUNICATION OF THE 2ND
RESPONDENT DATED 07.07.2021 ADDRESSED TO
THE PETITIONER.
