KUMMAMKULAM MUNICIPALITY Vs. RAJAN

JUDGEMENT

(1.) The question that we are called upon to consider in this appeal is whether an open ramp/ driveway leading to an open area parking on the terrace should be included in the total built-up area for the purpose of the Building Regulations.

(2.) The Respondents/Petitioners jointly own property in Sy. No.75/8-12 in Kunnamkulam village in the limits of the Appellant Municipality. They were interested in constructing a two-storey commercial building on the side of the property, with all the amenities. The Petitioners prepared a building plan through a licensed architect as per the Kerala Municipality Building Rules, 2019 (Rules of 2019) and submitted the same on 2/7/2022 to the Secretary of the Municipality. The Secretary issued an intimation on 12/8/2022, informing of deficiencies in the plan. The Petitioners, according to notice, submitted a revised plan on 3/1/2023 after curing the defects. Thereafter, another communication was issued by the Appellant Municipality, taking further objections. According to the Petitioners, the Petitioners removed these defects and again submitted a revised plan. Further communications were issued to the Petitioners under Exts.P6 and P7, intimating certain other shortcomings. On 11/9/2023, the ex-Secretary of the Appellant Municipality informed the Petitioners of another set of shortcomings. The main objection was that the open to air ramp proposed by the Petitioners leading to the parking space provided on the terrace has to be included in the built-up area coverage, and the coverage emphasised needs to be corrected.

(3.) The Petitioners filed W.P.(C)No.36922/2023, contending that the repeated objections is a harassment and primarily contending that the ramp leading to open-air parking on the terrace will not fall under the built-up area. Accordingly, the Petitioners sought to quash and set aside Ext.P7 and to direct the Appellant Municipality to consider the Petitioner's application for the building permit, without including the ramp in the built up area.