Mariyam P vs Peruvayal Grama Panchayat
2021 Latest Caselaw 19624 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                    WP(C) NO. 15100 OF 2021


PETITIONER:

         MARIYAM P.
         AGED 53 YEARS,
         W/O. ALIKOYA, KUNNATH HOUSE,
         MUTHALAKUNDU NILAM,
         POOVATTUPARAMBU P.O.,
         KOZHIKODE DISTRICT-673 008

         BY ADVS.
         SRI.T.V.NEEMA
         SRI.H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1    PERUVAYAL GRAMA PANCHAYAT,
         KOZHIKODE DISTRICT-673 608,
         REPRESENTED BY THE SECRETARY

    2    THE SECRETARY,
         PERUVAYAL GRAMA PANCHAYAT,
         KOZHIKODE DISTRICT-673 608

         BY ADVS.
         R1-2 BY SRI.VINOD SINGH CHERIYAN
         R1-2 BY SRI.T.M.KHALID
         R1-2 BY SMT.K.P.SUSMITHA

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 17.09.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15100/2021
                                   :2 :



                           JUDGMENT

~~~~~~~~~

Dated this the 17th day of September, 2021

Petitioner, who is in possession of 3.7 Ares of land

in Survey No.33 of Kozhikode Taluk, is before this Court

seeking to direct the 2nd respondent to assign building number

to the building of the petitioner as requested, within a time

frame.

2. The petitioner would submit that she has

constructed a building in her property after demolishing an old

building. The petitioner was assigned building number to the

eastern portion of the building. However, when the petitioner

sought assignment of number to the western portion, the

application was rejected as per Ext.R2(a). According to the

learned counsel for the petitioner, the reasons for rejection

stated in Ext.P5 are unsustainable.

3. The learned counsel for the petitioner would

contend that Ext.P4 Building Permit was issued in the year WP(C) No.15100/2021

2012 and renewed from time to time. As the respondents

refused to issue Occupancy Certificate and Building Number

for the entire construction, the petitioner has approached the

respondents seeking Occupancy Certificate and Building

Number for the ground floor. The respondents have not taken

a final decision in the matter so far.

4. The writ petition was opposed by the 2 nd

respondent filing counter affidavit. The learned Standing

Counsel for the 2nd respondent contended that the petitioner

has an alternate remedy by way of appeal before the

Panchayat Council and therefore, this writ petition is not

maintainable. The petitioner has constructed the building in

violation of the Building Permit and ignoring the condition

stipulated in the Building Permit. In the circumstances, the

writ petition is liable to be dismissed, argued the learned

Standing Counsel for the 2nd respondent.

5. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the respondents. WP(C) No.15100/2021

6. The petitioner has started and completed the

construction after obtaining a Building Permit. The

respondents pointed out defects in the construction and

alleged violation of building rules. Thereupon, the petitioner

has approached the respondents for issuance of building

number and Occupancy Certificate for the ground floor of the

building alone. When the petitioner has made such an

application, there is no reason for the respondents not to

consider the application. The petitioner has constructed the

building availing loans from various financial institutions and

the financial institutions are pressurising the petitioner,

contends the learned counsel for the petitioner.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Ext.P8

representation submitted by the petitioner, in accordance with

law, within a period of one month.

Sd/-

N. NAGARESH, JUDGE

aks/17.09.2021 WP(C) No.15100/2021

APPENDIX OF WP(C) 15100/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.35 DATED 20.12.2011 IN RESPECT OF BUILDING NO. 15/1023 TO 1045.

DATED 15.03.2013 IN RESPECT OF BUILDING NO. 15/1023 TO 1045.

Exhibit P3            TRUE   COPY   OF   THE    RECEIPT    DATED
                      13.03.2019   IN   RESPECT   OF    BUILDING
                      NO.15/1023 TO 1045.
Exhibit P4            TRUE COPY OF THE BUILDING PERMIT DATED
                      19.04.2012    ISSUED    BY    THE    GRAMA

PANCHAYAT EVIDENCING RENEWAL UPTO 2020-

Exhibit P5 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE PANCHAYAT DATED 21.05.2021.

Exhibit P6 TRUE COPY OF THE RE.SY SKETCH ISSUED BY THE LAND SURVEYOR.

Exhibit P7            TRUE COPY OF THE REVISED PLAN SUBMITTED
                      BY    THE    PETITIONER     BEFORE     THE
                      RESPONDENTS.
Exhibit P8            TRUE COPY OF THE REQUEST DATED 9.7.2021

SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

Exhibit P9 TRUE COPY OF THE RR NOTICE ISSUED BY THE BANK.

RESPONDENTS' EXHIBITS:

EXHIBIT R2(a) COPY OF THE LETTER AS PER No.SC2-

305/2020 DATED 22.12.2020 SENT TO THE PETITIONER.

SR