Kerala High Court
Varghese Roy vs Cherthala Municipality on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15689 OF 2024
PETITIONER:
VARGHESE ROY,
AGED 60 YEARS
S/O. JOHN,
MAVUMKAL HOUSE,
VADAKKUM MURI, CMC-28,
CHERTHALA P.O., ALAPPUZHA, PIN - 688524
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
DEVIKA T.R.
RESPONDENTS:
1 CHERTHALA MUNICIPALITY,
MUNICIPAL BUILDING CHERHALA,
CHERTHALA ROAD, NEAR KSRTC BUS STAND,
KODATHIKAVALA, CHERTHALA, ALAPPUZHA, PIN - 688524
REPRESENTED BY SECRETARY TO MUNICIPALITY
2 SECRETARY,
CHERTHALA MUNICIPALITY,
MUNICIPAL BUILDING CHERHALA,
CHERTHALA ROAD, NEAR KSRTC BUS STAND,
KODATHIKAVALA, CHERTHALA, ALAPPUZHA, PIN - 688524
BY ADV J.OMPRAKASH, SC, CHERTHALA MUNICIPALITY
OTHER PRESENT:
SRI. AJITH VISWANATHAN,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No. 15689 of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024
The Petitioner was issued Ext.P2 Building
Permit/acknowledgment to construct a small shed having a
total area of 18.75 Sq. Mtrs. Being a building having buildup
area less than 100 Sq.Mtrs. constructed for commercial
purpose, said shed is treated as 'low risk building' and comes
under Group F occupancy as per Sec 2(22A) of the Kerala
Municipality Act, 1994.
2. Though the construction was completed in terms of
Ext.P2 Building Permit, the application for Occupancy
Certificate was denied as per Ext.P4 communication stating
that there is a proposal of road widening in front of the plot of
the petitioner and hence the occupancy certificate could be
issued only after correcting the set back.
3. Even though Ext P4 is illegal and in violation of
natural justice, the petitioner has undertaken to demolish the
building at his own cost while the proposed widening is carried
out, for issuing Occupancy Certificate as per Ext.P6
representation. The limited prayer of the petitioner is to
consider said representation and pass appropriate speaking
order after affording an opportunity to the petitioner.
4. Heard.
5. According to the petitioner, he has constructed the
building in terms of Ext.P2 Building Permit and without
violating the permit conditions. The building falls under "low
risk building" and categorised as Group F occupancy.
However, Occupancy Certificate is not issued on the ground
that there is a proposed road widening. In the facts of the
case, I am of the view that the 2 nd respondent should consider
Ext.P6 representation submitted by the petitioner.
This writ petition is therefore disposed of directing the 2 nd
respondent to consider Ext.P6 representation submitted by
the petitioner and take appropriate decision thereon in
accordance with law, within a period of one month.
Sd/-
N.NAGARESH
JUDGE
Jka/23.04.24.
APPENDIX OF WP(C) 15689/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
10-05-2023 BEARING NO.
KL04020304474/2023 ISSUED BY VILLAGE
OFFICER, CHERTHALA NORTH VILLAGE
Exhibit P2 TRUE COPY OF THE BUILDING
PERMIT/ACKNOWLEDGEMENT DATED 31-05-2023
BEARING NO. ACKN/BA/1050/0501/SC
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
15.09.2023 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
17.10.2023 BEARING NO.BA/1050/501/23
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
10.11.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
27/02/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE PHOTO OF THE SHED,
WHICH WAS CONSTRUCTED IN TERMS OF EXT
P2 BUILDING PERMIT
