Kerala High Court
Renjith V.B vs Ponnani Municipality on 27 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
WP(C) NO. 37419 OF 2015
PETITIONERS:
1 ANUPAMA I.BABURAJ
AGED 49 YEARS
D/O.I.V.BABURAJ, IRUPPAYIL HOUSE, P.O.KUTTIPPURAM,
TIRUR TALUK, MALAPPURAM DISTRICT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MOTHER AND NEXT FRIEND MRS.JEEJA BABURAJ,
W/.I.V.BABURAJ, IRUPPAYIL HOUSE, P.O.KUTTIPPURAM,
TIRUR TALUK, MALAPPURAM DISTRICT.
2 APARNA.I.BABURAJ
AGED 24 YEARS
D/O.I.V.BABURAJ, IRUPPAYIL HOUSE, P.O.KUTTIPPURAM,
TIRUR TALUK, MALAPPURAM DISTRICT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
MOTHER AND NEXT FRIEND MRS.JEEJA BABURAJ,
W/.I.V.BABURAJ, IRUPPAYIL HOUSE, P.O.KUTTIPPURAM,
TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.BABU KARUKAPADATH
SRI.MITHUN BABY JOHN
SRI.K.A.NOUSHAD
SRI.J.RAMKUMAR
SMT.M.A.VAHEEDA BABU
SRI.P.U.VINOD KUMAR
RESPONDENTS:
1 PONNANI MUNICIPALITY
PONNANI SOUTH, PIN 679 586,
REPRESENTED BY ITS SECRETARY.
2 THE VILLAGE OFFICER
EZHUVATHIRUTHY, PONNANI 679 586.
3 THE TAHASILDAR
TALUK OFFIE, PONNANI 679 586.
4 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER - AGRICULTURAL
OFFICER, OLD PANCHAYATH OFFICE BUILDING,
NEAR EZHUVATHIRUTHY HEALTH CENTRE 679 571.
WP(C).No.37419/2015 & 8060/2016
2
ADDL.R5 RENJITH V.B.
S/O BHASKARAN V.V., VELLATHU VALAPPIL HOUSE,
P.O. KUTTIPURAM, MALAPPURAM DISTRICT.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED
14.1.2006 IN IA 326/16.
BY ADVS.SRI RIYAL DEVASSY, GP
SRI.C.V.MANUVILSAN
SMT.DEEPA NARAYANAN
SRI.T.SETHUMADHAVAN SR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).8060/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.37419/2015 & 8060/2016
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
1945
WP(C) NO. 8060 OF 2016
PETITIONER:
RENJITH V.B.
AGED 32 YEARS
S/O.BHASKARAN V.V., VELLATHUVALAPPIL HOUSE,
P.O.KUTTIPPURAM, MALAPPURAM.
BY ADV SMT.DEEPA NARAYANAN
RESPONDENTS:
1 PONNANI MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, PONNANI - 679 586.
2 SECRETARY
PONNANI MUNICIPALITY, MUNICIPAL OFFICE,
PONNANI - 679 586.
3 VILLAGE OFFICER
EZHUVATHIRUTHY, PONNANI - 679 586.
4 REVENUE DIVISIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.
5 ANUPAMA I. BABURAJ
D/O.I.V.BABURAJ, IRUPPAYIL HOUSE,
P.O.KUTTIPPURAM, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676 101.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.)
SRI.C.V.MANUVILSAN, SC, MUNICIPAL COUNCIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.02.2024, ALONG WITH WP(C).37419/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.37419/2015 & 8060/2016
4
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.37419 of 2015 & 8060 of 2016
----------------------------------------------
Dated this the 27th day of February, 2024
JUDGMENT
These two writ petitions are connected and
therefore, I am disposing of these two writ petitions by a
common judgment.
2. I will narrate the facts in W.P.(C).
No.37491/2015 first:
Petitioners are the owners of 12 cents of land
which was purchased by them in the year 2010 as per
Ext.P1 sale deed, is the submission. The property owned
by the petitioners is situated on the side of National
Highway 66 (NH66) at Ponnani. It is submitted that, on the
southern side of the property a movie theatre by name
WP(C).No.37419/2015 & 8060/2016
Alangar Talkies is functioning. It is also submitted that on
the northern side of the property residential cum shopping
complex of one Mrs. Amina Hamsa is situated and on the
opposite side of the road just in-front of the property of
the petitioners, residential cum shopping complex of one
Mr. Abdul Rahiman is situated. It is submitted that, all
these buildings are situated in pucca garden lands and are
assigned with building numbers by the 1 st respondent
Municipality. It is submitted that, all these lands are lying
contiguously with that of the property of the petitioners.
Ext.P3 photographs is produced to prove the same. When
the petitioners submitted an application for building
permit for constructing a three-storied building, Ext.P5
building permit was issued in the year 2013. It is
submitted that the building permit was issued after
conducting local inspection regarding the present lie and
condition of the properties, both by Revenue Authorities
and the 1st respondent Municipality. It is submitted that
the petitioners completed construction of two stories and
WP(C).No.37419/2015 & 8060/2016
Ext.P6 occupancy certificate for the ground floor was also
issued by the 1st respondent. As evident Ext.P7, Revenue
Building Tax was also remitted by the petitioners. But the
1st respondent refused to number the ground floor of the
building and also to issue ownership certificate for the
same. So the petitioners are prevented from applying for
electrical connection is the submission. It is also
submitted that, on the other hand, Ext.P9 notice is issued
to the petitioners, purportedly under Rule 16 of the Kerala
Municipality Building Rules, 1999. According to the
petitioners, the reasons stated in Ext.P9 goes against the
statutory provisions, as provided in the Kerala
Conservation of Paddy and Wet Land Act, 2008 and
neither the 1st respondent nor its Secretary has power to
revoke the building permit granted to the petitioners,
going by Rule 16 of the Kerala Municipality Building Rules.
It is also submitted that, mere description of an item of
property as Nilam or wet land in revenue records is
insufficient to assume that the land cannot be used for
WP(C).No.37419/2015 & 8060/2016
any purpose. It is further submitted that immediate
surrounding lands are also garden lands and have
buildings being constructed with the permission of the 1 st
respondent Municipality and Building Numbers are also
allotted by the Municipality. Hence it is submitted that
Ext.P9 notice issued by the 1st respondent is illegal.
Therefore this writ petition is filed with following prayers:
i. Issue a writ of certiorari or any other appropriate
writ, order or direction quashing Exhibit P-9.
ii. Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 1st
respondent to number the ground floor of the
building constructed by the petitioners in the
property owned by them, as per Exhibit P-5
Building Permit and to issue Ownership Certificate
for the same.
iii. Direct the 1st respondent to accept Building Tax for
the ground floor of the building constructed as per
Exhibit P-5 Building Permit
iv. grant such other reliefs, as this Hon'ble Court shall
deem just. (SIC)
2. W.P.(C). No.8060/2016 is filed to implement
Ext.P9 notice in W.P.(C). No.37419/2015. The prayers in
W.P.(C). No.8060/2016 is filed with following prayers:
WP(C).No.37419/2015 & 8060/2016
i. Call for the entire records relating to Ext. P3 and
quash the same by issuing a writ of certiorari, or
any other appropriate writ, order or direction.
ii. Issue a writ of mandamus or any other appropriate
writ, order or direction directing 1 st respondent to
proceed with Ext.P4 expeditiously and pass orders
on the same within the time limit fixed by this
Hon'ble Court.
iii. Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 4th respondent
to consider Ext.P6 and pass orders thereon
expeditiously.
iv. Issue such other appropriate writs, orders or
directions as this Hon'ble Court deems fit and
proper in the facts and circumstances of the case.
(SIC)
3. Ext.P9 in W.P.(C). No.37419/2015 is Ext.P4 in
W.P.(C). No.8060/2016.
4. Heard the learned counsel for the petitioners
and also the learned counsel for the Municipality.
5. When W.P.(C). No.37419/2015 came up for
consideration on 10.12.2015, this Court passed the
following order:
"Admit.
WP(C).No.37419/2015 & 8060/2016
Sri.S.Sujin, learned standing counsel takes notice
for R1.
Learned Government Pleader takes notice for R2
to R4.
The 1st respondent is directed to number the
building provisionally and the same will be subject
to the decision of the Writ Petition. All further
proceedings, pursuant to Ext.P9 will stand stayed
for one month."
6. Based on the above order, the building is
already numbered by the Municipality. This Court perused
Ext.P9 in W.P.(C). No.37419/2015. Actually that is only a
show cause notice. I am of the considered opinion that
the petitioners in W.P.(C). No.37419/2015 can submit their
reply to Ext.P9 and thereafter the Municipality can hear
the petitioners in these writ petitions and pass appropriate
orders in accordance with law. Before passing orders, the
officials of the Municipality shall inspected the property
with notice to the petitioners and find out whether there
are adjacent buildings already numbered and whether the
property can be used as paddy land even though the
property is described as nilam in the documents.
WP(C).No.37419/2015 & 8060/2016
Therefore, these writ petitions are disposed of with
following directions:
1. The order dated 10.12.2015 in W.P.
(C). No.37419/2015 by which the
building is numbered is made
absolute.
2. The petitioners in W.P.(C).
No.37419/2015 is allowed to submit
their explanation to Ext.P9 in that
writ petition to the Municipality,
within one month from the date of
receipt of a copy of this judgment. If
the explanation is received, the
Municipality will hear the petitioners
in these two writ petitions and
thereafter pass appropriate orders in
accordance with law.
3. Before passing final orders, the
officials of the Municipality shall
WP(C).No.37419/2015 & 8060/2016
inspect the property with notice to
the petitioners in these writ petitions.
sd/-
P.V.KUNHIKRISHNAN
nvj/JV JUDGE
WP(C).No.37419/2015 & 8060/2016
APPENDIX OF WP(C) 8060/2016
PETITIONER EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE
INFORMATION GIVEN BY 3RD RESPONDENT TO
THE PETITIONER UNDER THE RTI ACT DATED
22.08.2015.
EXHIBIT P2. A TRUE COPY OF THE
POSSESSION CERTIFICATE ISSUED BY THE
3RD RESPONDENT TO TEH 5TH RESPONDENT
DATED 01.04.2013.
EXHIBIT P3. A TRUE COPY OF THE BUILDING
PERMIT ISSUED BY THE 1ST RESPONDENT AS
B.A NO.E3/54/13-14 DATED 09.09.2013.
EXHIBIT P4. A TRUE COPY OF THE NOTICE
NO.E3/54/13-14 DATED 04.12.2015 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P5. A TRUE COPY OF THE
COMPLAINT FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED
18.11.2015.
EXHIBIT P6. A TRUE COPY OF THE
COMPLAINT FILED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT DATED
30.11.2015.
WP(C).No.37419/2015 & 8060/2016
APPENDIX OF WP(C) 37419/2015
PETITIONER EXHIBITS
P1- A TRUE COPY OF THE SALE DEED DATED
21.1.2010 BY WHICH THE PETITIONERS
PURCHASED THE PROPERTY HAVING AN EXTENT
OF 12 CENTS SITUATED IN RS. NO.154/3 OF
EZHUVATHIRUTHY VILLAGE, PONNANI TALUK.
P2- A TRUE OCPY OF THE ELECTORAL ID
CARD OF MRS. ELIZABATH, WHO WAS
RESIDING IN THE OLD RESIDENTIAL
BUILDING SITUATED IN THE PROPERTY
PURCHSED BY THE PETITIONERS
P3- A TRUE OCPY OF TH EPHOTOGRAPHS OF
THE PROPERTY OF THE PETITOINERS AND ITS
ADJACENT BUILDINGS
P4- A TRUE COPY OF THE POSSESION
CERTIFICATE ISSUED IN FAVOUR OF THE
PETITIONERS, BY THE 2ND RESPONDENT,
WHIH WAS PRODUCED ALONG WITH THE
APPLICATION FOR BUILDING PERMIT
P5- A TRUE COPY OF THE BUILDING PERMIT
DATED 9.9.2013 ISSUED TO TEH
EPTITIONERS BY THE 1ST RESPONDENT
MUNICIPALITY
P6- A TRUE COPY OF THE OCCUPANCY
CERTIFICATE DATED 26.10.2015 ISSUED BY
THE 1ST RESPONDENT MUNICIPALITY
P7- A TRUE OCPY OF THE RECEIPT DATED
12.11.2015 SHOWING REMITTANCE OF THE
REVENUE BUILDING TAX OF RS.93,600/-
ISSUED BY THE 2ND RESPONDENT
P8- A TREU COPY OF THE REPRESENTATION
DATED 30.11.2015 SUBMITTE BY THE
PETITIONERS BEFORE THE 1ST RESPONDENT
P9- A TRUE COPY OF THE NOTICE DATED
4.12.2015 ISSUED BY THE 1ST RESPONDENT,
WHIHC WAS RECEIVED BY THE PETITIONERS
ON 7.12.2015
RESPONDENT'S
EXHIBITS
R5(A) COPY OF THE COMPLAINT FILED BY THE
WP(C).No.37419/2015 & 8060/2016
PETITIONER DATED 29.10.2015
R5(B) COPY OF THE POSSESSION CERTIFICATE
OBTAINED BY THE PETITIONER FROM THE
VILLAGE OFFICER, EZHUVATHIRUTHY
