Kerala High Court
Pauly Joseph vs Chalakudy Municipality on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:54976
WP(C) NO. 37396 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 37396 OF 2023
PETITIONER:
PAULY JOSEPH,
AGED 54 YEARS
S/O.JOSEPH, THAZHEKADAN HOUSE, POTTA, CHALAKKUDY,
THRISSUR DISTRICT, PIN - 680722
BY ADVS.
SRI.RENJITH THAMPAN (SR)
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENTS:
1 CHALAKUDY MUNICIPALITY,
MUNICIPAL OFFICE, CHALAKUDY P.O., THRISSUR
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -
680307
2 THE SECRETARY,
CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY
P.O., THRISSUR DISTRICT, PIN - 680307
SRI.SHEEJO CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 37396 OF 2023
2
C.S.DIAS, J.
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W.P.(C) No.37396 of 2023
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Dated this the 25th day of July, 2025
JUDGMENT
The writ petition is filed to declare that the
petitioner has obtained a deemed occupancy certificate
in view of Rule 20(3) of the Kerala Municipality Building
Rules, 2019 ('KMBR', in short).
2. The petitioner is the owner in possession of
1.21 Ares of land comprised in Survey No.446/1 in East
Chalakkudy Village in Thrissur District, covered under
Sale Deed No.643/2017, which is situated within the
territorial limits of the 1st respondent-Municipality. On
the strength of Ext.P1 building permit, the petitioner has
constructed a commercial building in the said property.
On completion of the construction, the petitioner
submitted an application for occupancy certificate on
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27.04.2023, which is evidenced by Ext.P2
acknowledgment receipt. However, the respondents have
not approved or rejected the said application. In view of
Rule 20(3) of the KMBR, the petitioner is entitled to a
deemed occupancy certificate, as the application was not
considered within 15 days from the date of submission.
Therefore, the petitioner is entitled to a deemed
occupancy certificate.
3. In the counter-affidavit filed by the
respondents 1 and 2, it is contended that the writ petition
is not maintainable because the petitioner has not
pleaded about the pendency of O.P.No.620/2023 pending
before the Ombudsman for Local Self Government
Institutions, wherein a direction was sought to demolish
the petitioner's building on the ground that it is being
constructed in the parking space of Vyapara Bhavan. The
complainants in the aforesaid original petition are
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necessary parties in the writ petition. After the grant of
Ext.P1 building permit, the respondents received
complaints alleging that the petitioner is carrying on
unauthorised construction. Immediately, the 1st Grade
Overseer conducted a site inspection and has
recommenced to initiate proceedings to cancel Ext.P1
building permit, if it is proved that the same is obtained
in respect of the parking area of the Vyapara Bhavan.
Since the files relating to the building permit granted to
the Vyapara Bhavan could not be traced out, the
respondents issued Exts.R1(b) and R1(c) notices dated
15.09.2022 to the Vyapara Bhavan and one
Aravindakshan to produce the completion plan of their
building within 7 days. However, the office bearers of the
said Vyapara Bhavan have not cared to produce the said
documents. Ext.R1(d) notice dated 15.09.2022 was also
issued to the petitioner. The petitioner has also not given
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any reply to the said notice. Instead, he has submitted
Ext.R1(f) representation to the 2nd respondent praying to
drop all further proceedings. It was in the aforesaid
circumstances that no action was taken on the
application for occupancy certificate.
4. The petitioner has filed a reply-affidavit
refuting the allegations in the counter-affidavit. He has
reiterated that the 2nd respondent was statutorily bound
to consider the application for occupancy certificate
within 15 days from its submission. The petitioner is
unaware of any proceedings pending before the
Ombudsman. He has also not received any notice till
date. On receipt of Exts.R1(d) and R1(e) notices, the
petitioner has submitted his reply. He is also not aware
of any complaints allegedly filed against him. The alleged
irregularities, if any, found by the office of the
respondents is not a ground to deny the occupancy
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certificate. The stand of the respondents is violative of
the petitioner's constitutional rights under Article 300A
of the Constitution. Hence, the writ petition may be
allowed.
5. Heard; the learned Senior Counsel appearing
for the petitioner and the learned Standing Counsel
appearing for the respondents.
6. It is not in dispute that the 2 nd respondent has
issued Ext.P1 building permit on 16.05.2022 permitting
the petitioner to construct a building in the property
mentioned in the said building permit. The petitioner
contends that he completed the construction of the
building and had submitted an application for occupancy
certificate on 27.04.2023, which is acknowledged by
Ext.P2 receipt. This fact is not disputed by the
respondents.
7. It is apposite to refer to Rule 20(3) of the
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KMBR, which reads as follows:
"(3) The Secretary shall, on receipt of the completion
report and on being satisfied that the construction or
reconstruction or addition or alteration has been carried
out in conformity with the permit given, issue occupancy
certificate in the form in Appendix F2 along with a copy of
the plans duly certified by the Secretary not later than
fifteen days from the date of receipt of the completion
report:
Provided that, in case there is deficiency as per provisions
of these Rules, in minimum width of mandatory open
space/yard after completion of the construction, other
than the distance stipulated as per Section 383A of the
Kerala Municipality Act, 1994 (20 of 1994) and sub-rule
(6) of Rule 81 of these rules, the Secretary may allow a
tolerance up to 5% of the minimum mandatory open
space/yard to be provided as per these rules or twenty five
centimeters, whichever is less, for the building
constructed:
Provided further that if no such occupancy certificate is
issued within the said fifteen days, the owner may proceed
as if such occupancy certificate has been duly issued to
him.
Provided further that if any road widening project or
public facilities project is taken up by any public agency
after the building permit is issued and before the
completion of the building as per the provisions of the
Detailed Town Planning Scheme/Master plan or otherwise,
the deficiency in setback due to the road widening shall
not be treated as a violation of these rules and occupancy
certificate shall be issued.
On the expiry of fifteen clear days from the date of valid
application for occupancy certificate, the applicant shall
submit a letter stating that he is liable to get occupancy
certificate and now it is deemed to have issued by the
authority.
All Secretaries of Local Self Government Institutions shall
acknowledge the receipt of the letter stated in the above
paragraph with stamp and date on the same day on the
duplicate copy of the letter. This shall be a deemed
occupancy certificate. Such deemed occupancy certificate
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shall be accepted by all the public authorities as proof of
completion of the building in compliance to these rules
and the municipality shall accept building tax from such
date of having the occupancy certificate deemed."
8. The respondents do not have a case that they
have neither approved nor rejected the petitioner's
application for occupancy certificate within 15 days from
27.04.2023. It is only in the counter-affidavit filed by the
respondents dated 27.01.2024, they have taken a stand
that they received complaints against the construction
being carried out by the petitioner. At the same time,
they also state that the complainants have not produced
the requisite materials and have not responded to the
notices issued by them.
9. The learned Standing Counsel for the
respondents now submits that, the respondents have
received a communication from the Principal Secretary,
Local Self Government Institutions to measure the
property belonging to the Vyapara Bhavan and only
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thereafter to take a decision on petitioner's application.
10. In view of the statutory mandate under Rule
20(3) of the KMBR and the admitted fact that the
respondents have not responded to the application for
building permit within 15 days from its receipt, I am
satisfied that the petitioner is entitled to a deemed
occupancy certificate on expiry of the statutory period.
Therefore, notwithstanding the respondents' right to
initiate appropriate action in accordance with law, I
declare that the petitioner is entitled to a deemed
occupancy certificate.
In the aforesaid circumstances, I allow the writ
petition by declaring that the petitioner is entitled to a
deemed occupancy certificate for the reasons mentioned
above and the 2nd respondent is directed to issue an
occupancy certificate in the physical form within two
weeks from the date of production of a copy of this
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judgment. It is made clear that this judgment will not
stand in the way of the respondents initiating action
against the petitioner, in accordance with law, if so
advised.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 37396 OF 2023
APPENDIX OF WP(C) 37396/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF BUILDING PERMIT NO.
E3/3271/22 DATED 16.05.2022 ISSUED BY THE
MUNICIPALITY TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
NO. 10955 OF 2023 DATED 27.04.2023 ISSUED
TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.
36681/RA1/2009/LSGD DATED 27.06.2010
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
NO.21829 DATED 01.11.2023
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26.10.2023
OF THE PETITIONER TO THE SECRETARY AS
ENDORSED BY THE ASSISTANT EXECUTIVE
ENGINEER ON 2.11.23
RESPONDENT EXHIBITS
EXHIBIT R1(A) THE TRUE COPY OF APPLICATION FOR BUILDING
PERMIT DATED 11.2.2022 FILED BY THE
PETITIONER
EXHIBIT R1(B) THE TRUE COPY OF THE NOTICE DATED
15.09.2022 ISSUED TO PRESIDENT/SECRETARY
OF THE MERCHANT ASSOCIATION, VYAPARA
BHAVAN CHALAKUDY
EXHIBIT R1(C) THE TRUE COPY OF THE NOTICE DATED
15.09.2022 ISSUED TO ARAVINDHAKSHAN AND 2
OTHERS
EXHIBIT R1(D) THE TRUE COPY OF THE NOTICE DATED
15.09.2022 ISSUED TO PETITIONER
EXHIBIT R1(E) TRUE COPY OF THE NOTICE DATED 20.10.2022
ISSUED TO PETITIONER
EXHIBIT R1(F) TRUE COPY OF THE REPRESENTATION DATED
8.05.2023 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
