T MOIDEEN KUNHI Vs. KANHANGAD MUNCIPAL COUNCIL

JUDGEMENT

(1.) THE petitioner, along with his wife and children, submitted joint applications for construction of two different commercial buildings in the same parcel of land. On those applications, Exts.P1 and P2 building permits were issued by the Kanhangad Municipality. On the strength of the said building permits and the approved plan, the petitioner completed the construction of the buildings and completion certificates were submitted on 29.6.2010. He also applied for an occupancy certificate. This writ petition is filed contending that notwithstanding the decision taken by the Secretary to issue an occupancy certificate and to number the building it has not been translated into action.

(2.) THE first respondent Panchayat has filed a counter affidavit contending that as per the original of Ext.R1(a) affidavit the petitioner had dedicated a strip of land along the northern boundary of his property for use as a public road, that the building permit was issued in view of the said dedication, that the petitioner has filed a suit resiling from the said act and therefore the building cannot be numbered and an occupancy certificate issued so long as the suit is pending. It is contended that the petitioner cannot after having taken advantage of an act of dedication to secure a building permit, resile from the said act and contend that the land which he has dedicated for use as a public road still belongs to him.

(3.) I accordingly dispose of the writ petition with a direction to the Kanhangad Municipality to provisionally number the buildings constructed by the petitioner on the strength of Exts.P1 and P2 building permits and to issue a provisional occupancy certificate to the petitioner. The petitioner shall be bound to pay property tax and building tax in respect of the said building to the Municipality and to the State Government respectively. Subject to the outcome of the suit, the Municipality shall regularise the numbering of the building and issue an occupancy certificate. The contentions of both sides in the suit are kept open.