The Secretary vs N.Kalyan Kumar
2023 Latest Caselaw 5024 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                             WA NO. 203 OF 2023

    AGAINST JUDGMENT DATED 21/12/2021 IN WP(C) 35583/2019 OF THIS COURT

APPELLANT/3RD RESPONDENT:

     THE SECRETARY,CHELLANAM GRAMA PANCHAYATH, ERNAKULAM - 682008.

BY ADVS.M/S. DINESH R.SHENOY & P.ROHIT PREMANANDAN SHENOY

RESPONDENTS/(PETITIONER & RESPONDENTS 1,2 & 4):

  1. N.KALYAN KUMAR, S/O. P.V.NARASIMHAMURTHY, COMMANDER (RETD.), INDIAN
     NAVY, NOW RESIDING AT 04, CAUVERY, NAVAL PARK, LBS MARG, GHATKOPAR
     (WEST), MUMBAI- 400086.
  2. THE STATE OF KERALA , REPRESENTED BY SECRETARY TO LOCAL SELF
     GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
  3. THE DISTRICT COLLECTOR , CIVIL STATION, KAKKANAD, ERNAKULAM -
     682030.
  4. THE REVENUE DIVISIONAL OFFICER, ERNAKULAM, FORT KOCHI - 682001.

BY SENIOR ADVOCATE SRI.S.SREEKUMAR

AND ADVS.M/S.K.R.RAJKUMAR & JAGADEESH LAKSHMANAN FOR R1

GOVERNMENT PLEADER FOR R2 TO R4

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment in WP(C) No.35583/2019 on the file
of the learned Single Judge and permit the appellant Panchayath to proceed
as per the provisions of the Kerala Panchayath Building Rules against the
writ petitioner after hearing him also, pending disposal of the above Writ
Appeal.
     This Writ Appeal coming on for orders on 13/04/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                      P.T.O.
  A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
         ------------------------------
               WA No. 203 of 2023
         ------------------------------
          Dated this the 13th day of April, 2023


                               ORDER

A. MUHAMED MUSTAQUE, J.

If the construction has been carried out by

the first respondent/writ petitioner in

accordance with the building permit and the

construction does not exceed 111.58 m2, the

provisional occupancy certificate has to be

issued.

2. We make it clear that if the construction

exceeds what has been granted in the building

permit, the provisional occupancy certificate

need not be issued unless the first

respondent/writ petitioner demolishes the

offending portion.

3. The learned counsel for the first

respondent/writ petitioner submits that the

Panchayat has cancelled the building permit.

We take exception to this action of the

Panchayat. When the learned Single Judge WA No. 203 of 2023

..2..

already directed issuance of occupancy

certificate and building number after

verifying that the construction is in

accordance with the sanctioned plan, the

Panchayat could not have ordered cancellation

of the building permit without leave of this

Court, especially, when they came in appeal.

Therefore, we order that, that cancellation

shall not be enforced.

Post on 25.05.2023.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

13-04-2023 /True Copy/ Assistant Registrar