Reji P A vs Muvattupuzha Municipality
2023 Latest Caselaw 4015 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 41632 OF 2022
PETITIONER:

              REJI P A, AGED 55 YEARS
              PULLORKUDIYIL HOUSE, NAS ROAD, NEAR KSRTC, MUVATTUPUZHA -
              686 661.

              BY ADVS.
              SANIL JOSE
              K.P.ANTONY BINU



RESPONDENTS:

     1        MUVATTUPUZHA MUNICIPALITY
              MUNICIPAL OFFICE, KACHERITHAZHAM, MUVATTUPUZHA - 686 661,
              REPRESENTED BY ITS SECRETARY.

     2        THE SECRETARY,
              MUVATTUPUZHA MUNICIPALITY, MUNICIPAL OFFICE,
              KACHERITHAZHAM, MUVATTUPUZHA - 686 661.

     3        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

              BY ADV RAJAN T R


OTHER PRESENT:

              GP - RIYAL DEVASSY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.41632 of 2022                  2


                     VIJU ABRAHAM,J
                -----------------------
               W.P.(C).No.41632 of 2022
        -------------------------------------
        Dated this the 30th day of March, 2023

                              JUDGMENT

Petitioner challenges Ext.P4 notice whereby it

was informed that the occupancy certificate granted

has been cancelled for alleged violation. Paragraph

9 of the counter affidavit filed by the Municipality

reads as follows:

"9.It is submitted that if the petitioner removes the covering of the cellar floor making it parking area as provided for in the regularisation plan and makes the ground floor in conformity with the regularisation plan and thereafter makes appropriate application before the 2nd respondent. The 2nd respondent will consider the question of restoration of the partial occupancy certificate in accordance with law. If the petitioner is not doing so the constructions will be treated as unauthorised and action under Section 406 of the Kerala Municipality Act, 1994 will be initiated."

2. The learned Standing Counsel for the

Municipality would submit that if the petitioner is

ready and willing to comply with the directions

contained in paragraph 9 of the counter affidavit,

his request for issuance of occupancy certificate

will be duly considered, in accordance with law.

3. The learned counsel for the petitioner

submits that he is ready and willing to comply with

the said directions stated in paragraph 9 of the

counter affidavit. Therefore, the writ petition is

disposed of with a direction that if the petitioner

comply with the direction in para 9 of the counter

affidavit, and intimate the same to the respondent

Municipality, they shall consider the application

for issuance of an occupancy in accordance with law

within a period of two weeks thereafter.

The above said direction, the writ petition is

disposed of.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 41632/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE APPLICATION FOR PARTIAL OCCUPANCY CERTIFICATE DATED 26/12/2018 SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPALITY.

Exhibit P2 TRUE PHOTOCOPY OF THE PARTIAL OCCUPANCY CERTIFICATE DATED 20/2/2019 GRANTED TO THE PETITIONER.

Exhibit P3 TRUE PHOTOCOPY OF THE BUILDING PERMIT B-

365/12-13 DATED 20/2/2019 ISSUED TO THE PETITIONER BY THE MUNICIPALITY.

Exhibit P4 TRUE PHOTOCOPY OF THE LETTER DATED 10/1/2020 ISSUED BY THE MUNICIPALITY CANCELLING THE PARTIAL OCCUPANCY CERTIFICATE.

Exhibit P5 TRUE PHOTOCOPY OF THE NOTICE DATED 1/12/2020 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

Exhibit P6 TRUE PHOTOCOPY OF THE NOTICE DATED 20/5/2021 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

Exhibit P7 TRUE PHOTOCOPY OF THE NOTICE DATED 24/11/2021 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

Exhibit P8 TRUE PHOTOCOPY OF THE APPLICATION DATED 15/9/2022 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

Exhibit P9 TRUE PHOTOCOPY OF THE REPLY DATED 29/9/2022 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE MUNICIPALITY.

Exhibit P10 TRUE PHOTOCOPY OF THE REPLY DATED 13/10/2022 ISSUED BY THE PUBLIC

INFORMATION OFFICER OF THE MUNICIPALITY.

Exhibit P11 TRUE PHOTOCOPY OF THE REPLY DATED 14/10/2022 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE MUNICIPALITY.

Exhibit P12 TRUE PHOTOCOPY OF THE APPEAL DATED 1/11/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P13 TRUE PHOTOCOPY OF THE ORDER DATED 28/11/2022 PASSED BY THE 2ND RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R(2)(a) True copy of the petition dated 2/11/2020 submitted by the petitioner and others

Exhibit R(2)(b) True copy of the petition dated 12 4 2021 submitted by P.R.Raju

Exhibit R(2)(c) True copy of the petition dated 24/10/2021 submitted by P.A.Saji