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Kerala High Court
P.A. Siddeek vs The Palakkad Municipality on 11 December, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.32734 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
WP(C) NO. 32734 OF 2024
PETITIONER(S):
1 P.A. SIDDEEK,
AGED 55 YEARS, S/O. AHAMMAD HAJI, RESIDING AT
KOTTILIL HOUSE (K.V.M. MANZIL), KOTTUPATHA, MANKARA
P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS POWER OF
ATTORNEY HOLDER P.A. KABEER, AGED 61 YEARS, S/O.
AHAMMAD HAJI, RESIDING AT KOTTILIL HOUSE
(K.V.M.MANZIL), KOTTUPATHA, MANKARA P.O, PALAKKAD
DISTRICT, PIN - 678613
2 NUSHAIBA SIDDEEK,
AGED 50 YEARS, W/O. P.A. SIDDEEK, RESIDING AT
KOTTILIL HOUSE (K.V.M. MANZIL), KOTTUPATHA, MANKARA
P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS POWER OF
ATTORNEY HOLDER P.A. KABEER, AGED 61 YEARS, S/O.
AHAMMAD HAJI, RESIDING AT KOTTILIL HOUSE
(K.V.M.MANZIL), KOTTUPATHA, MANKARA P.O, PALAKKAD
DISTRICT, PIN - 678613
BY ADVS.
SHRI.JACOB SEBASTIAN
SHRI.WINSTON K.V
SMT.ANU JACOB
SHRI.BHARATH KRISHNAN G.
RESPONDENT(S):
1 THE PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, UNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678001
W.P.(C) No.32734 of 2024
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2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD
HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
3 THE DISTRICT TOWN PLANNING OFFICER,
PALAKKAD, CIVIL STATION, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678001
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL
SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
BY ADV.:
SRI.
BINOY VASUDEVAN, SC,
GP, SRI K JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32734 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.32734 of 2024
------------------------------------------------------
Dated this the 11th day of December, 2025
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"I. Issue a writ in the nature of mandamus directing the second
respondent to issue a building permit to the petitioners enabling
them to construct a commercial building in the plot covered by
Exhibit-P1;
II. Call for the records leading to Exhibit-P5 and quash it by way
of a writ of certiorari or other appropriate writ, order or direction;
III. Dispense with the translation of the documents in vernacular
language; and
IV. Issue such other writ, order or direction as this Hon'ble Court
deems fit and proper in the circumstances of the case." [SIC]
2. The petitioners own a plot having an extent of
0.1376 hectares in Re-Survey Block No.50, Re-Survey No.4
of Palakkad Village in Palakkad Taluk. Ext.P1 is the
possession certificate and Ext.P2 is the property tax
receipt. According to the petitioners, the plot is situated in
a fully developed commercial area and it is surrounded by
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commercial buildings and road. On 22.01.2014, the
petitioner applied for a building permit to construct a new
commercial building in the plot after pulling down the
existing structure. Since the plot is lying within a distance
of 30m from the boundary of property owned by the
Railway, NOC from the Railway is necessary as per Rule
4(6) and 7(6) of the Kerala Municipality Building Rules,
1999 (for short 'Rules 1999'). The 2 nd respondent
instructed the petitioners to produce a copy of the sketch
as well as purchase certificate relating to the plot as
evident by Ext.P3.
3. It is the case of the petitioners that the
petitioners submitted all the documents required by the 2 nd
respondent within a few weeks from receipt of Ext.P3 and
the matter was delayed due to the laxity on the part of the
2nd respondent is the submission. Ultimately, on
07.02.2024, the Divisional Engineer/East/Palakkad,
Southern Railway issued NOC for the construction of the
commercial building as evident by Ext.P4. Subsequently,
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the 2nd respondent issued a notice to the petitioners
pointing out certain defects as evident by Ext.P5. The
petitioners are aggrieved by defect Nos.2 to 5 in Ext.P5.
According to the petitioners, the application for building
permit was originally considered in the year 2014 and none
of the defects now pointed out were cited at that time. The
application was considered on the basis of 'Rules 1999' was
found to be in order is the submission. It is the case of the
petitioners that the 2nd respondent cannot insist that the
petitioners should submit a fresh application in compliance
of the Kerala Municipality Building Rules, 2019 (for short
'Rules 2019') because the reason for the delay in producing
Ext.P4 is because of the laxity on the part of the 2 nd
respondent. It is also the case of the petitioners that the
plot is described as wetland in revenue records and the
defects noted for producing conversion order is not
applicable in the light of the principle laid down by this
Court in Global Education Trust v. State of Kerala
[2020 (6) KHC 538]. Hence, this Writ Petition is filed.
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4. Heard the learned counsel appearing for the
petitioners and the Standing Counsel appearing for the
Municipality. I also heard the learned Government Pleader.
5. The Standing Counsel appearing for the
Municipality submitted that 'Rules 2019' is applicable
because the original building permit application of the
petitioner was submitted in the year 2014 and the
petitioner produced the documents only in the year 2024.
But the counsel for the petitioner takes me through Ext.P4
NOC issued by the Railway, in which reference No.1 is the
application submitted by the Municipality and the same is
dated 20.07.2018. According to the petitioner, the delay is
on the part of the Municipality. The counsel for the
petitioner takes me through reference No.2 in Ext.P3, in
which it is stated that the Railway issued the letter on
27.04.2015. But a perusal of Ext.P4 would show that the
application was submitted before the Railway only on
20.07.2018.
6. I think, there is force in the above argument.
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Admittedly, the petitioner submitted the building permit
application in the year 2014 in accordance to the provisions
under 'Rules 1999'. It is the case of the petitioner that all
the details as mentioned in Ext.P3 was furnished in the
year 2015 itself. Thereafter the Municipality addressed the
Railway only in the year 2018 as evident from reference
No.1 in Ext.P4. Thereafter, Ext.P4 was issued on
07.02.2024. In such circumstances, the building permit
application is to be considered based on 'Rules 1999'
instead of 'Rules 2019'.
7. As far as the second defect noted in Ext.P5 is
considered, I think, the point is covered in favour of the
petitioner in Global Education Trust's case (supra), in
which it is stated that the owner of a converted paddy land
along with a building constructed therein prior to the
incorporation of Section 27A of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 need not undergo the
process of regularization as contemplated under Section
27A even if the construction was completed without
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obtaining exemption under the Kerala Land Utilization
Order. In such circumstances, I think, that defect is also
unsustainable.
Therefore, this Writ Petition(C) is allowed in the
following manner:
1. Defect Nos. 2 to 5 in Ext.P5 are set aside.
2. If the building permit of the petitioner is
otherwise in order and the petitioner cure the
other defects, if any, the building permit
application should be considered and pass
appropriate orders in it, within a period of 30
days from the day on which the other defects,
if any, are cured.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 11.12.2025
Judgment dictated 11.12.2025
Draft Judgment placed 11.12.2025
Final Judgment uploaded 12.12.2025
2025:KER:95743
APPENDIX OF WP(C) NO. 32734 OF 2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 11.06.2024 ISSUED BY
THE VILLAGE OFFICER, PALAKKAD-3
VILLAGE, PALAKKAD DISTRICT.
Exhibit-P2 A TRUE COPY OF THE PROPERTY TAX PAID
RECEIPTS DATED 18.11.2023 ISSUED BY THE
FIRST RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE NOTICE DATED
19.09.2015 ISSUED BY THE SECOND
RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE NOC DATED 07.02.2024
ISSUED BY THE DIVISIONAL
ENGINEER/EAST/PALAKKAD, SOUTHERN
RAILWAY.
Exhibit-P5 A TRUE COPY OF THE NOTICE DATED
07.06.2024 ISSUED FROM THE OFFICE OF
THE SECOND RESPONDENT.
Exhibit-P6 A TRUE COPY OF THE ORDER DATED
10.02.2021 IN R.P NO. 58/2021 IN W.P.
(C) NO. 27496/2020 OF THIS HON'BLE
COURT.
