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Kerala High Court
Korothumkandy Khalid vs State Of Kerala on 31 March, 2026
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WP(C) NO.19395 OF 2022 2026:KER:28768
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
WP(C) NO.19395 OF 2022
PETITIONER:
KOROTHUMKANDY KHALID,
AGED 71 YEARS, S/O. MOOSA,
THANEEM HOUSE, PANNIYANOOR P.O.,
CHOKLI (VIA), KANNUR DISTRICT, PIN : 670672.
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.BEETHA VELAYUDHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695001.
2 THE CHIEF TOWN PLANNER,
2ND AND 3RD FLOOR, SWARAJ BHAVAN,
NANTHANCODE, THIRUVANANTHAPURAM-695003.
3 THE TOWN PLANNER,
DPC SECRETARIAT, 2ND FLOOR, CIVIL STATION,
KANNUR, PIN : 670002.
4 THALASSSERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, THALASSERY,
KANNUR DISTRICT, PIN : 670101.
5 THE SECRETARY,
THALASSSERY MUNICIPALITY, THALASSERY,
KANNUR DISTRICT, PIN : 670101.
SRI. N.B. SUNIL NATH, GOVERNMENT PLEADER
SRI. I.V. PRAMOD, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.03.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.19395 OF 2022 2026:KER:28768
JUDGMENT
Heard Sri.C.P.Peethambaran, learned counsel for the
petitioner, Sri.I.V. Pramod, learned Standing Counsel for
respondents 4 and 5 as well as Sri.N.B.Sunil Nath, learned
Government Pleader, for respondents 1 to 3.
2. The petitioner constructed an apartment complex
with 36 apartments consisting of basement floor, ground floor
plus nine floors, pursuant to Ext.P2 building permit dated
28.03.2015. The petitioner states that he has also obtained
Ext.P3 consent dated 31.08.2018, from the Kerala State
Pollution Control Board, and approval at Ext.P4 dated
13.08.2018 from the Fire and Rescue Service Department.
However, when the petitioner sought for issuance of an
occupancy certificate, he has been informed pursuant to
Ext.P7 communication dated 21.12.2019, that the petitioner
had only provided an open space of 4.60/4.50 meters as
regards the "Mechanical Parking", which is in violation of the
mandate under Rule 117 of the Kerala Municipal Building
WP(C) NO.19395 OF 2022 2026:KER:28768
Rules, 1999 (hereinafter referred to as the 'Building Rules'). The
petitioner has filed the captioned writ petition, in such
circumstances, seeking a direction to the respondents to issue
occupancy certificate for the building in question, since the
same is one constructed in terms of Ext.P2 building permit.
3. The learned counsel for the petitioner would point
out that the petitioner was not aware about the provisions of
Rule 117 of the Building Rules, and it is on that basis that the
building permit was applied for, providing the clearance which
was accepted while issuing Ext.P2. In such circumstances,
he requests this Court to direct the respondent Municipality
to act in accordance with the Government Order dated
27.09.2014, produced as Ext.P15, pursuant to which the
Government has issued appropriate directions to the local
authorities to issue occupancy certificate, in a situation where
a construction though not in tune with provisions of the
Building Rules, has been carried out on the basis of a building
permit issued by the local authority in question.
4. The learned counsel for the respondent
WP(C) NO.19395 OF 2022 2026:KER:28768
Municipality, on the other hand, would point out that insofar
as there is no dispute with respect to the mandate under
Rule 117 of the Building Rules, the occupancy certificate could
not be issued.
5. I have considered the rival submissions as well as
the connected records.
6. Even from a perusal of Ext.P7 notice dated
02.12.2019, it is clear that the building permit came to be
issued as per which the petitioner was only expected to
provide the clearance of 4.04 meters. As against that,
admittedly, the petitioner has provided 4.60/4.50 meters, as
clearance. True, the afore is not in tune with Rule 117 of the
Building Rules. But Ext.P15 Government Order 27.09.2014,
has directed the issuance of occupancy certificates, in such
cases also, when the construction has been carried out on the
basis of a building permit issued, with certain conditions. In
such circumstances, I am of the opinion that it is for the 4th
respondent-Municipality, to take note of the contents of
WP(C) NO.19395 OF 2022 2026:KER:28768
Ext.P15 Government Order dated 27.09.2014 and to issue
occupancy certificate to the petitioner, as laid down therein,
at the earliest.
Therefore, this writ petition would stand disposed of,
directing respondents 4 and 5 to issue occupancy certificates,
as provided under Ext.P15 Government Order, within a period
of eight weeks from the date of receipt of a copy of this
judgment.
Sd/-
HARISANKAR V. MENON
JUDGE
Skk//01.04.2026
WP(C) NO.19395 OF 2022 2026:KER:28768
APPENDIX OF WP(C) NO.19395 OF 2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16/3/2015 ISSUED BY THE
EXECUTIVE ENGINEER OF THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PERMIT DATED 28.3.2015 ISSUED BY THE
5TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE CERTIFICATE DATED
31/8/2018 ISSUED BY THE POLLUTION CONTROL BOARD.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF APPROVAL DATED
13/8/2018 ISSUED BY THE FIRE AND RESCUE SERVICE
DEPARTMENT, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE WRITTEN REQUEST DATED 12/9/2018
SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED
8/10/2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 2/12/2019 ISSUED BY THE
5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 11.12.2019 SUBMITTED BY
THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 9.12.2019
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 25/4/2022
SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT
ALONG WITH ITS RECEIPT ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REPLY DATED 12/5/2022 ISSUED BY THE
5TH RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE PROVISIONAL OCCUPANCY CERTIFICATE
DATED NIL ISSUED BY THE 5TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE CERTIFICATE NO. R2/29691/22(LDIS)
DATED 31.10.2022 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 24.12.2024 ISSUED BY THE
REVENUE OFFICER OF THE 4TH RESPONDENT MUNICIPALITY
EXHIBIT P15 TRUE COPY OF THE VIDE ORDER NO. GO(H) NO.167/2014/LSGD
DATED 27/9/2014
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE LETTER DATED 05.11.2019 ISSUED BY R4
TO R5
