SIDDIQUE B.M. Vs. KALAMASSERY MUNICIPALITY

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

(2.) Heard the learned Senior Counsel appearing for the petitioner, the learned standing counsel appearing for respondents 1 to 3 and the learned Government Pleader appearing for the 4th respondent.

(3.) The petitioner submits that the petitioner is the owner in possession of 6.40 Ares of property in Survey No.808/2 of Thrikkakara North village within the jurisdiction of the 1st respondent Municipality. The petitioner had submitted an application for construction of a residential building in the property and Exhibit P2(a) site approval and building permit was issued for construction of the building in Group A2 residential category. The petitioner thereafter submitted Exhibit P3 revised plan and P3(a) site approval and building permit was issued for the construction of a special residential and commercial building. On the basis of the building permit issued, the construction was carried out and completed. Completion plan was submitted on 8/2/2022. However, Exhibit P7 notice was issued by the Municipality on 16/3/2022 stating that in an inspection conducted it is revealed that the construction is not complete and that the property is situated in a 'park and playground zone' in the structural plan and that the building permit had been mistakenly granted. It is stated that occupancy certificate can be issued only after getting further directions from the Government. It is stated that though the petitioner submitted Exhibit P8 and P8(a) explanations, the same have not been considered by the respondents.