PALA MUNICIPALITY Vs. GEORGE JOSEPH

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel appearing for the respondents. At the admission stage itself the appeal is being disposed of.

(2.) THE Writ Petition was filed by the petitioners inter alia seeking a direction to the respondent/appellant Municipality to pass final orders on Exhibit P6 application enabling them to obtain occupancy certificate and completion certificate in respect of the building constructed by them on the basis of Exhibit P1 building permit. It was inter alia contended that the petitioners have completed construction of the building by expending about 300 lakhs and though the building has been completed and the request for completion certificate has been made, no action was taken by the Municipality for one or other reason for issuing the certificate, hence the petitioners are put to great hardship and thus the Writ Petition was filed seeking the aforesaid relief.

(3.) BY impugning the judgment of the learned Single Judge it was argued by counsel for the appellants that the Court has committed serious error of law by directing regularisation of the construction. As perR.22 of the Kerala Municipality Building Rules, it is for the Municipality to consider whether the building has been constructed in accordance with the building permit or is in violation of any provisions of the Kerala Municipality Building Rules. Only on satisfaction of the same, the occupancy certificate can be issued and thereafter buildings can be numbered. Since the learned Single Judge had directed regularisation of the construction, it will amount to restriction on the part of the Municipality in considering whether the building has been constructed in accordance with the Building Rules.