Kerala High Court
K.G.Marar Charitable Trust vs State Of Kerala on 27 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 32229 OF 2015
PETITIONER:
K.G.MARAR CHARITABLE TRUST
AGED 44 YEARS
REPRESENTED BY ITS CHAIRMAN, SRI.P.VINEESH BABU,
S/O.KUNJIRAMAN, VINEESH NIVAS, MANAL, P.O.ALAVIL,
KANNUR DISTRICT
BY ADVS.
SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
SRI.ARUN KRISHNA DHAN
SRI.JOSEPH GEORGEMULLAKKARIYIL
SRI.T.K.SANDEEP
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001
2 PALLIKKUNNU GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PALLIKKUNNU, KANNUR
670004
BY ADV SMT.MEENA JOHN, STANDING COUNSEL, PALLIKUNNU
GRAMA PANCHAYAT
R1- SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32229 of 2015 2
JUDGMENT
Dated this the 27th day of January, 2022
This writ petition is filed by the petitioner seeking the following reliefs:
i) Issue a writ of mandamus or other appropriate writ, order or
direction directing respondent No.2 to pass orders regularising the
petitioner's building and issue occupancy certificate for the same, in
respect of the petitioner's application referred in Ext.P6 receipt.
ii) Grant such other wreliefs as are deem just and necessary in the
facts and circumstances of the case.
2. Grievance of the petitioner is that even though he has carried out
construction of a building within the limits of the Pallikkunnu Grama
Panchayat - 2nd respondent, after securing building permit from the
Secretary of the Grama Panchayat and an occupancy certificate and
building number was given, later the Panchayat has cancelled the building
permit.
3. Anyhow, it is admitted that the subject matter was under
consideration of the Deputy Director and as per Exhibit P2, in Adalat, the
subject matter was settled. It is also pointed out that as per Exhibit P3,
Government has issued an order dated 7.8.2015, granting regularisation of
the construction on certain conditions. It is also admitted that petitioner
has submitted an application pertaining to Exhibit P6 receipt dated
17.8.2015 to regularise the construction carried out by the petitioner
probably over and above the construction carried out as per the building
permit issued to the petitioner. The sole relief sought for is, consideration
of the application for regularisation on an early basis.
4. Learned standing counsel appearing for the Grama Panchayat
submitted that as per the information received by the learned counsel, the
subject issue by and between the petitioner and the Grama Panchayat is
settled as early as in the year 2019. Whatever that be, I am of the
considered opinion that the writ petition can be disposed of with
appropriate directions. Exhibit P3 order passed by the State Government
dated 7.8.2015, reads thus:
" GOVERNMENT OF KERALA
Local Self Government Department - Kannur - Pallikkunnu Grama
Panchayat - Regularisation of Unauthorised Construction in Re
Survey No.19/10A of Pallikkunnu Village in Pallikkunnu Grama
Panchayat under the Kerala Building (Regularisation of Unauthorised
Construction) Rules, 2010 - sanctioned - Orders issued--
____________________________________________
LOCAL SELF GOVERNMENT (RB) DEPARTMENT
G.O.(Rt) No.2460/2015/LSGD Dated Thiruvananthapuram 07/08/2015
_________________________________________________________
Read:- 1. G.O.(MS) No.185/10/LSGD dated 21.8.2010
2. Application dated 30.04.11 submitted by Shri.P.Vinesh Babu, Chairman
K.G.Marar Charitable Rust, Chald, Alavin P.O., Kannur
3. Letter No.A3/7686/10 dated 9.2.11 and 4024/11 dated 25.5.11 from the Secretary,
Pallikkunnu Grama Panchayat.
4. Letter No.D1-2418/11 dated 8.8.12 from the Chief Town Planner,
Thiruvananthapuram .
ORDER
As per the letter read as 4 th paper above, the Chief Town Planner,
Thiruvananthapuram has forwarded the application of Shri.P.Vinesh Babu, Chairman,
K.G.Marar Charitable Rust, Chald, Alavin P.O., Kannur for the regularisation of
unauthorised construction of a commercial building in Re Survey No.19/10A of
Pallikkunnu Village in Pallikkunnu Grama Panchayath. In the technical
recommendation forwarded alongwith letter read as 4 th paper above, the Chief Town
Planner has recommended to regularise the construction subject to certain
conditions.
2. Government have examined the application in exercise of the powers
conferred under Rule 5(2)(d) of the Kerala Building (Regularisation of unauthorised
construction) Rules, 2010 and are pleased to accord sanction to the Secretary,
Pallikkunnu Grama Panchayath to regularise the commercial building with plinth area
of 29.49sq.m carried out in Re Survey No.19/10A of Pallikkunnu Village in
Pallikkunnu Grama Panchayath, subject to the following conditions.
1) The Judgment of appeal No.AS 75/2002 filed against a case in the
Honourable Municif Court, Kannur.
2) Total plinth area of the building shall not exceed 29.49 Sq.M.
3) Rs.2949/- (Rupees Two thousand Nine Hundred and forty nine only) shall be
remitted as compounding fee for regularisation of the building.
3. The amount mentioned above should be remitted in the Government
Treasury under the head of account of "0217" Urban Development - 60 Other Urban
development Schemes - 800 other receipts-91 compounding fee for regularisation
of unauthorised constructions, violating provision of building rules" by the applicant
within 30 days from the date of this order and the original chalan receipt shall be
produced before the Secretary, Pallikkunnu Grama Panchayath who in turn will take
further action for regularising the building as required under the Kerala Building
(Regularisation of Unauthorised construction) Rules, 2010.
4. Before issuing occupancy certificate the Secretary, Pallikkunnu Grama
Panchayat will ensure that the conditions stipulated in this order are complied with.
By Order of the Governor
M.Madhu,
Joint Secretary to Government."
5. Heard learned counsel for petitioner Sri.Sandeep.T.K., learned
Standing Counsel for Grama Panchayat Smt. Meera John, learned
Government Pleader Sri. Riyal Devassy and perused the pleadings and
materials on record.
6. It is also admitted that an application for regularisation was
received by the Grama Panchayat. But in view of the submission made by
the learned Standing Counsel for the Grama Panchayat, it cannot be
presumed that the subject issues raised by the petitioner are still surviving
to be adjudicated by the Secretary of the Grama Panchayat. However, on
the safer side, I issue the following directions:
7. If under any circumstances, the regularisation application
submitted by petitioner is not considered by the Secretary of the Grama
Panchayat, it shall be considered in accordance with law under Rules,
2011, at the earliest possible time and at any rate within two months from
the date of receipt of a copy of this judgment. However, I make it clear
that if the subject issue raised in this writ petition is resolved by granting
regularisation, the issue shall not be re-opened under any circumstances.
Sd/-
SHAJI P. CHALY
smv JUDGE
APPENDIX OF WP(C) 32229/2015
PETITIONER'S EXHIBITS
P1:A TRUE COPY OF THE APPLICATION
DATED 13.01.2011 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND
RESPONDENT
P2:A TRUE COPY OF THE DECISION BY
THE ADALAT DATED 03.02.2011 VIDE
NO. B87/2011
P3:A TRUE COPY OF THE ORDER NO.
GO(RT) NO.2460/2015/LSGD DATED
07.08.2015 ISSUED BY 1ST RESPONDENT
P4:A TRUE COPY OF THE JUDGMENT IN
AS.NO.74/2002 AND 75/2002 DATED
10.11.2006 BEFORE THE SUB JUDGE,
THALASSERY
P5:A TRUE COPY OF THE CHALAN
RECEIPT DATED 17.08.2015
P6:A TRUE COPY OF THE RECEIPT OF
APPLICATION DATED 17.08.2015
