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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Rule 16 of the Kerala Municipality Building Rules, 2019,
  • Section 468, 471 of IPC and Sections 66C and 66D of the IT (Amendment) Act 2008.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Rule 16 of the Kerala Municipality Building Rules, 2019,
  • Section 468, 471 of IPC and Sections 66C and 66D of the IT (Amendment) Act 2008.
To access the original judgment, please Sign In or Subscribe.

    M.P ABDUL NASEER, v. STATE OF KERALA

    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:

    1

    M.P ABDUL NASEER,

    AGED 45 YEARS

    S/O MUHAMMAD KUTTY, RESIDING AT

    THATTARAPARAMBATH, ZEENATHMANZIL, FERROKE

    COLLEGE P.O, KADAMPUZHA, RAMANATTUKARA,

    KOZHIKODE, KERALA, PIN - 673632

    2

    NOORJAHAN ,

    AGED 41 YEARS

    W/O M.P ABDUL NASEER RESIDING AT

    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:

    1

    STATE OF KERALA,

    REPRESENTED BY THE SECRETARY, LOCAL SELF

    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

    1

    3

    COMMISSIONER,

    COMMISSIONARATE OF RURAL DEVELOPMENT, SWARAJ

    BHAVAN, GROUND FLOOR, NANTHANCODE, KOWDIAR P.O,

    THIRUVANANTHAPURAM, PIN - 69500

    4

    RAMANATTUKARA MUNICIPALITY,

    REPRESENTED BY ITS SECRETARY, RAMANATTUKARA

    MUNICIPALITY, KOZHIKODE, PIN - 673633

    5

    SECRETARY,

    RAMANATTUKARA MUNICIPALITY, KOZHIKODE, PIN -

    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:

    2

    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

    3

    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

    4

    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

    5

    Exhibit P9

    A TRUE COPY OF THE ORDER NO.R2-6992/22

    DATED 26.08.2022 ISSUED BY THE 5TH

    RESPONDENT TO THE PETITIONERS

    Exhibit P10

    A TRUE COPY OF THE REVIEW PETITION

    PREFERRED BY THE PETITIONERS BEFORE

    THE 5TH RESPONDENT

    Exhibit P11

    A TRUE COPY OF THE APPEAL FILED BY THE

    PETITIONERS BEFORE THE HON'BLE LOCAL

    SELF GOVERNMENT TRIBUNAL

    Exhibit P12

    A TRUE COPY OF THE ORDER DATED

    20.12.2023 IN UNNUMBERED APPEAL OF

    2023 (CF NO.5137/2023) PASSED BY THE HON'BLE LOCAL SELF GOVERNMENT TRIBUNAL

    RESPONDENT EXHIBITS

    EXHIBIT-R5(A)

    A TRUE COPY OF THE LIST OF BUILDINGS

    FOUND WITH ILLEGAL NUMBERS DATED NIL

    EXHIBIT-R5(B)

    A TRUE COPY OF THE SUSPENSION ORDER

    ISSUED TO THE REVENUE INSPECTOR DATED

    06.07.2022

    7

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    M.P ABDUL NASEER, v. STATE OF KERALA
    (Oct 10, 2024)