Parappurath Kanakathan Vinod vs Pinarayi Grama Pancjayat
2022 Latest Caselaw 8571 Ker

WP(C) NO. 42084 OF 2018             1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                           WP(C) NO. 42084 OF 2018
PETITIONER/S:
           PARAPPURATH KANAKATHAN VINOD
           AGED 41 YEARS
           S/O.RAJAN, FINANCE PROFESSIONAL, RESIDING AT
           CHATHUPPERIKANDY HOUSE, POYANAD, MAMBARAM P.O., PIN - 670
           741, KANNUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY
           HOLDER C.K.RAVINDRAN, S/O.C.K.RAIRU, AGED 73 YEARS,
           CHATHUPPERIKANDY HOUSE, POYANAD, MAMBARAM P.O., PIN - 670
           741, KANNUR DISTRICT.

               BY ADVS.
               R.SURENDRAN
               KUM.S.MAYUKHA


RESPONDENT/S:
     1     PINARAYI GRAMA PANCJAYAT
           PINARAYI, REPRESENTED BY THE SECRETARY, PINARAYI GRAMA
           PANCHAYAT, PINARAYI P.O., PIN - 670741, KANNUR DISTRICT.

      2        THE SECRETARY
               PINARAYI GRAMA PANCHAYAT, PINARAYI P.O., PIN- 670 741,
               KANNUR DISTRICT.

      3        ADDL.R3. THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
               REPRESENTED BY ITS CHAIRMAN, 4TH FLOOR, KSRTC BUS
               TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM-695 001.

               BY ADVS.
               SRI.SATHEESHAN ALAKKADAN
               SRI.M.P.PRAKASH


OTHER PRESENT:
           SMT. VIDYA KURIAKOSE GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42084 OF 2018               2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C) No.42084 of 2018
                      --------------------------------------
                  Dated this the 6th day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"a) Mandamus directing the second respondent to issue occupancy certificate to the petitioner in respect of the building constructed as per Exhibit P2 building permit No.423/11 dated 8.2.2011, within such period and /or in the alternative.

b) Declaration that the petitioner has a deemed Occupancy Certificate in respect of the building constructed as per Exhibit P2 building permit No.423/11 dated 8.2.2011 and consequently direct the respondents to assign building number to the petitioner's building and

c) Any other relief that the Honourable Court may deem appropriate to meet the ends of justice." [SIC]

2. The main prayer in the writ petition is to issue

direction to the 2nd respondent to issue occupancy certificate to

the petitioner in respect of the building constructed as per

Ext.P2 building permit. The objection raised by the Panchayat

is based on Ext.R1(e) issued by the additional 3 rd respondent.

It is bring to the notice of this Court that Ext.R1(e) is dated

21.7.2018 and subsequent to that, the Government of India

issued a notification as SO 1422(E) dated 1.5.2020 in which

certain amendments are made in the CRZ notification 2011.

3. In the light of the same, I think there can be a

direction to the 3rd respondent to reconsider the matter and

based on the decision of the 3rd respondent, the Panchayat can

be directed to pass consequential orders.

Therefore, this writ petition is disposed of with the

following prayers :

1) Ext.R1(e) is set aside.

2) The additional 3rd respondent is directed to reconsider the

matter in the light of SO 1422 (E) dated 1.5.2020 as

expeditiously as possible, at any rate, within two months

from the date of receipt of a copy of this judgment. The

additional 3rd respondent immediately thereafter will

forward a copy of the decision to the 1st respondent as

well as to the petitioner. Based on the decision of the

addl. 3rd respondent, the 1st respondent will pass

consequential orders within two weeks from the date on

which the decision is taken by the addl. 3 rd respondent .

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 42084/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 4/9/2010 REGISTERED AS DOCUMENTS NO.2119 OF 2010 OF SRO KATHIROOR.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT NO.423/11 DATED 8/2/2011 WITH THE APPENDED PLAN ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 17/12/2013, IN FORM APPENDIX-E SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE COMPLETION CERTIFICATE AND THE PLAN SUBMITTED BY THE WRIT PETITIONER ON 25.09.2015.

EXHIBIT R1(B) TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER ALONG WITH THE APPLICATION FOR BUILDING PERMIT.

EXHIBIT R1(C) TRUE COPY OF THE PETITION IN PLP NO.14/2018 SUBMITTED BY THE PETITIONER BEFORE THE LEGAL SERVICE AUTHORITY THALASSERY.

EXHIBIT R1(D) TRUE COPY OF THE STATEMENT IN PLP NO.14/2018 FILED BY THE PANCHAYAT BEFORE THE LEGAL SERVICE AUTHORITY THALASSERY.

EXHIBIT R1(E) TRUE COPY OF THE LETTER NO.2161/A3/16/KCZMA DATED 21.7.18 ISSUED BY THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY TO THE PANCHAYATH