Kerala High Court
Ansar C.S vs State Of Kerala on 4 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 37329 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 37329 OF 2024
PETITIONER/S:
1 ANSAR C.S.,
AGED 39 YEARS
S/O. LATE.C.M.SALIM CHARUVILA PADEETTATHIL,KAMBALADY,
PORUVAZHI P.O, KOLLAM, PIN - 690520
2 ANAS C.S.,
AGED 36 YEARS
S/O. LATE.C.M.SALIM, CHARUVILA PADEETTATHIL, KAMBALADY,
PORUVAZHI P.O, KOLLAM, PIN - 690520
BY ADVS.
SRI.V.PHILIP MATHEWS
SHRI.ASHISH MATHEW JOHN
SMT.ABIYA MARIYAM MATHEW
SMT.ATHULYA SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA,
LOCAL SELF GOVERNMENT DEPARTMENT REPRESENTED BY
PRINCIPAL SECRETARY ROOM NO. 404A,4TH FLOOR, ANNEX I,
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695003
2 THE SASTHAMCOTTA GRAMA PANCHAYATH
REPRESENTED BY SECRETARY,SASTHAMKOTTA, SASTHAMKOTTA
P.O, KOLLAM DISTRICT, PIN - 690521
3 THE SECRETARY,
SASTHAMCOTTA GRAMA PANCHAYATH, SASTHAMKOTTA,
SASTHAMKOTTA P.O, KOLLAM DISTRICT, PIN - 690521
4 ANEESH,
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AGED 40 YEARS
S/O. LATE.C.M.SALIM CHARUVILA PADEETTATHIL, KAMBALADY,
PORUVAZHI P.O,KOLLAM, PIN - 690520
BY ADVS.
SRI.P.MOHANDAS (ERNAKULAM)
SRI.V.PHILIP MATHEWS
SRI.K.SUDHINKUMAR
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SHRI.R.BHASKARA KRISHNAN
SHRI.BHARATH MOHAN
DR.K.P.SATHEESAN (SR.)
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
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WP(C) No.37329 OF 2024
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Dated this the 4th day of August, 2025
JUDGMENT
The writ petition is filed to quash Ext.P8 letter to the
extent it refuses to number the petitioners' building and to
direct the respondents 2 and 3 to number the petitioners'
building constructed on the basis of Ext.P3 building permit.
2. The petitioners and the 4 th respondent are brothers
and the owners of a property covered under Exts.P1 and P2
land tax receipts and situated within the territorial limits of
the 2nd respondent Panchayat. The petitioners and the 4 th
respondent were issued with Ext.P3 building permit to
construct a building in the said property. They completed the
construction of the building as per Ext.P4 completion
certificate dated 23.05.2024. Consequently, the petitioners
and the 4th respondent submitted Ext.P5 application to number
the building. By Ext.P6 report, the Assistant Engineer of the
Panchayat pointed out certain minor defects, which were
cured. Accordingly, they resubmitted Ext.P7 application to
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number the building. Surprisingly, by Ext.P8 letter, the 3 rd
respondent has informed that as the building is constructed
close to the boundary, consent can be granted for the building
only upto a height of seven meters. Therefore, the building
cannot be numbered. In a case of identical nature, by Ext.P10
judgment, this Court has held that once a building is
constructed in consonance with the building permit, then the
Local Self Government Institution cannot turn around and say
that the building is constructed in violation of the Kerala
Panchayat Building Rules, 2019 ('Rules', for short). The
petitioners are entitled to the benefit of a similar judgment.
Hence, the writ petition.
3. In the counter affidavit filed by the respondents 2
and 3 it is stated that, it is on the basis of the report of the
Assistant Engineer that Ext.P8 letter was issued. It is due to
the defect pointed out in Ext.P8 letter that the building has not
been numbered.
4. Heard; the learned Counsel for the petitioners, the
learned Government Pleader and the learned Standing
Counsel for the respondents 2 and 3.
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5. It is not in dispute that the 2nd respondent had issued Ext.P3
building permit in favour of the petitioners and the 4 th
respondent and that they have constructed the building
strictly in accordance with the sanctioned building permit.
Now the 3rd respondent has contended that, as per Ext.P6
report, the Assistant Engineer has found that the building has
been constructed close to the boundary. Actually, the building
can only be constructed upto a height of seven meters.
6. The respondents do not have a case that Ext.P3
building permit was not issued by them after conducting the
site inspection. After the construction is carried out strictly in
accordance with the permit, the Panchayat cannot take a volte
face and contend that they cannot number the building
because they mistakenly approved the plan.
7. In a case of identical nature, by Ext.P10 judgment,
this Court, relying on all its earlier decisions on the point, has
held that if any mistake has been committed by the Panchayat
in issuing a building permit, then the applicants cannot be
held responsible for the same. Accordingly, this Court directed
to issue the occupancy certificate and number the building. I
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fully concur with the views in Ext.P10 judgment, which is
passed in an identical circumstance.
In the aforesaid circumstances, I allow the writ petition
by quashing Ext.P8 letter, and by directing the 3 rd respondent
to number the petitioners' and the 4 th respondent's building
and issue the occupancy certificate, in accordance with law
and as expeditiously as possible, at any rate, within four weeks
from the date of production of a copy of this judgment.
sd/-
C.S.DIAS, JUDGE
rkc/04.08.25
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APPENDIX OF WP(C) 37329/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LAND TAX RECEIPT NUMBER
KL02010105891/2024 DATED 13-05-2024 ISSUED BY
VILLAGE OFFICER, SASTHAMCOTTA
Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NUMBER
KL02010105893/2024 DATED 13-05-2024 ISSUED BY
VILLAGE OFFICER, SASTHAMCOTTA
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT NUMBER CZ-BA
(184952)/ 2021 DATED 31-08-2021 ISSUED BY 2ND
RESPONDENT
Exhibit P4 TWO PHOTOGRAPHS DATED NIL SHOWING THE
BUILDING AND THE SET BACK AFTER COMPLETION
Exhibit P5 TRUE COPY OF THE APPLICATION DATED 05-06-2024
FOR NUMBERING THE BUILDING IS SUBMITTED BY
PETITIONERS TO 4TH RESPONDENT
Exhibit P6 TRUE COPY OF THE REPORT DATED 05-07-2024 BY
THE ASSISTANT ENGINEER, L.I.D & E.W. SECTION,
SASTHAMCOTTA GRAMA PANCHAYAT
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 15-07-2024
SUBMITTED BY PETITIONER AND 4TH RESPONDENT
BEFORE THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF LETTER NUMBER 400278 /BABC06/GPO
/2024/4207(2) DATED 05-08-2024 ISSUED FROM
THE 2ND RESPONDENT TO THE PETITIONERS AND 4TH
RESPONDENT
Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED 23-08-2024
DISCLOSING THE ADALATH DIRECTIONS
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 11-09-2024 IN
W.P.(C) 12993/2024 PASSED BY THIS HONOURABLE
COURT
RESPONDENT EXHIBITS
Exhibit P11 TRUE COPY OF LETTER TO CMS GROUP NUMBER
BR/GEN/10/25-26 DATED 02-05-2025
Exhibit P12 TRUE COPY OF LETTER ISSUED BY THE THIRD
RESPONDENT TO THE 4TH RESPONDENT NUMBER
40027820240606114708688 DATED 03-05-2025
Exhibit P13 TRUE COPY OF CERTIFICATE ISSUED BY THE 3RD
RESPONDENT BY NUMBER 40027820240606114708688
DATED 08-05-2025
