Kerala High Court
M.P Abdul Naseer vs State Of Kerala on 10 October, 2024
WP(C) NO. 2131 OF 2024 1
2024:KER:75435
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 2131 OF 2024
PETITIONERS:
M.P ABDUL NASEER,
AGED 45 YEARS
S/O MUHAMMAD KUTTY, RESIDING AT
1 THATTARAPARAMBATH, ZEENATHMANZIL, FERROKE
COLLEGE P.O, KADAMPUZHA, RAMANATTUKARA,
KOZHIKODE, KERALA, PIN - 673632
NOORJAHAN ,
AGED 41 YEARS
W/O M.P ABDUL NASEER RESIDING AT
2 THATTARAPARAMBATH, ZEENATHMANZIL, FERROKE
COLLEGE P.O, KADAMPUZHA, RAMANATTUKARA,
KOZHIKODE, KERALA, PIN - 673632
BY ADVS.
PRATHAP. S.R.K.
ANN OLIVIA VALLAVANADAN
ARCHANA VINOD
MAHENDRAKUMAR K.
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF
1 GOVERNMENT (RURAL) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL DIRECTOR,
DIRECTORATE OF PANCHAYATH, SWARAJ BHAVAN, GROUND
FLOOR, NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN - 695003
WP(C) NO. 2131 OF 2024 2
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COMMISSIONER,
COMMISSIONARATE OF RURAL DEVELOPMENT, SWARAJ
3 BHAVAN, GROUND FLOOR, NANTHANCODE, KOWDIAR P.O,
THIRUVANANTHAPURAM, PIN - 69500
RAMANATTUKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, RAMANATTUKARA
4
MUNICIPALITY, KOZHIKODE, PIN - 673633
SECRETARY,
RAMANATTUKARA MUNICIPALITY, KOZHIKODE, PIN -
5
673633
BY ADV SHRI.MOHAMMED SHAH, SC, RAMANATTUKARA
MUNICIPALITY
BY ADV SMT.PREETHA K.K, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 2131 OF 2024 3
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MOHAMMED NIAS C.P., J
............................................................
W.P.(C) No.2131 of 2024
.............................................................
Dated this the 10th day of October, 2024
JUDGMENT
The petitioners obtained Ext.P2 building permit on
24.03.2015 based on which they completed the construction.
They were served with Ext.P7 notice on 25.06.2022, under Rule 16
of the Kerala Municipality Building Rules, 2019, a show cause
notice issued seeking to cancel the permit granted to the
petitioners. The Municipality had also passed orders such as
Ext.P8 and Ext.P9 cancelling the building numbers assigned. The
petitioners submit that they had given Ext.P10 reply on
08.04.2023 and moved the Tribunal for LSG Institutions against
the actions of the Municipality, which however was dismissed by
Ext.P12 order dated 20.12.2023 finding that the appeal to be time
bared as the same was not filed within thirty days from the order
dated 26.08.2022, Ext.P9.
2. The writ petition challenges Exts.P7 to P9
orders cancelling the building numbers and also to permit the
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petitioners to remit the building tax for the buildings bearing
Nos.19/69H, 19/69H1, and 19/69H2 in re-survey No.11/23 in
Ramanattukara Village.
3. A statement has been filed on behalf of the
Municipality wherein it is stated that the petitioners were given a
permit only for the construction of a building having a plinth
area of 68.51 sq. mtrs, but they have carried out construction to
the extent of 226.48 sq.mtrs which was a violation of the permit
as well as the Kerala Municipality Building Rules 1999. The
petitioners also submitted an application for regularization on
20.12.2019 with a new plan but without mentioning the already
existing building number.
4. The municipality also submits that the
petitioners were helped by a Revenue Inspector of the
Municipality who illegally helped four building owners including
the petitioners to get their building numbered. Action was taken
against the said officer and a crime was also registered alleging
offences punishable under Section 468, 471 of IPC and Sections
66C and 66D of the IT (Amendment) Act 2008. Vigilance
proceedings were also initiated against the Revenue Inspector
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who was suspended from duty on 06.07.2022. Thus, the
Municipality contends that the petitioners were assigned the
building number by the wrong actions of its officials.
5. Be that as it may, the cancellation of the
building number seven years after assigning the same cannot be
justified irrespective of the reason stated by the Municipality.
However, it is seen that the petitioners have constructed the
building in violation of the permit as well as the Municipality
Building Rules. It will be open to the Municipality to issue an
appropriate notice to the petitioners precisely pointing out the
violations. The petitioners may either cure the defects or seek a
regularisation if the same is permissible under law. The
impugned orders cancelling the building numbers for the reasons
stated cannot be sustained and the same is quashed. However, it
is made clear that the quashing of the impugned orders will not
deprive the power of the Municipality to initiate appropriate
action against the petitioners for unauthorized construction.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P
JUDGE
Anu
2024:KER:75435
APPENDIX OF WP(C) 2131/2024
PETITIONER EXHIBITS
A TRUE COPY OF THE SETTLEMENT DEED NO.
3545/I/2014 DATED 28-10-2014
Exhibit P1 REGISTERED IN SUB REGISTRAR OFFICE,
FEROKE IN FAVOUR OF THE PETITIONERS
A TRUE COPY OF THE BUILDING PERMIT
NO.BL-428/14-15 DATED 24.03.2015
Exhibit P 2 ISSUED BY THE 4TH RESPONDENT ALONG
WITH THE BUILDING PLAN
A TRUE COPY OF THE AFFIDAVIT DATED
Exhibit P3 01.11.2021 EXECUTED BY THE PETITIONERS
A TRUE COPY OF THE RECEIPT
NO.01/122030100841 DATED 26.04.2022
Exhibit P4 ISSUED BY THE 4TH RESPONDENT TO
BUILDING NO. 19/69-H
A TRUE COPY OF THE RECEIPT
NO.01/122030100840 DATED 26.04.2022
Exhibit P5 ISSUED BY THE 4TH RESPONDENT TO
BUILDING NO. 19/69-H1
A TRUE COPY OF THE RECEIPT
NO.01/122030100839 DATED 26.04.2022
Exhibit P6 ISSUED BY THE 4TH RESPONDENT TO
BUILDING NO. 19/69-H2
A TRUE COPY OF NOTICE BEARING
NO.A3/10999/2022 DATED 25.06.2022
Exhibit P7 ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONERS
Exhibit P8 A TRUE COPY OF THE NOTICE BEARING NO.
A3/10999/2022 DATED 02.07.2022 ISSUED
BY THE 5TH RESPONDENT TO THE
PETITIONERS
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A TRUE COPY OF THE ORDER NO.R2-6992/22
DATED 26.08.2022 ISSUED BY THE 5TH
Exhibit P9
RESPONDENT TO THE PETITIONERS
A TRUE COPY OF THE REVIEW PETITION
PREFERRED BY THE PETITIONERS BEFORE
Exhibit P10
THE 5TH RESPONDENT
A TRUE COPY OF THE APPEAL FILED BY THE
PETITIONERS BEFORE THE HON'BLE LOCAL
Exhibit P11
SELF GOVERNMENT TRIBUNAL
A TRUE COPY OF THE ORDER DATED
20.12.2023 IN UNNUMBERED APPEAL OF
Exhibit P12 2023 (CF NO.5137/2023) PASSED BY THE
HON'BLE LOCAL SELF GOVERNMENT TRIBUNAL
RESPONDENT EXHIBITS
A TRUE COPY OF THE LIST OF BUILDINGS
EXHIBIT-R5(A) FOUND WITH ILLEGAL NUMBERS DATED NIL
A TRUE COPY OF THE SUSPENSION ORDER
ISSUED TO THE REVENUE INSPECTOR DATED
EXHIBIT-R5(B)
06.07.2022
