RENJINI K.K Vs. MANNANCHERRY GRAMA PANCHAYAT

JUDGEMENT

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

(2.) The petitioner owns 11.500 cents of land in Resurvey No. 58/1-2, and Resurvey Block No. 003 in Komalapuram Village of Ambalapuzhua Taluk in Alappuzha District is the submission. Ext.P1 is the land tax receipt. The petitioner had proposed to construct a residential building in the property for residential occupancy, and on that basis, the construction had been proceeded with, since the proposed single-storeyed construction was about 560 square feet and was exempted from the requirement of a building permit as per the Kerala Panchayat Building Rules, 2011 (for short, Rules, 2011) which was applicable then and on that basis, the construction had been completed during 2019, before the Kerala Panchayat Building Rules, 2019 (for short, Rules, 2019) is the submission. According to the petitioner, the construction complied with all statutory requirements, including structural stability and fire safety measures. Though the construction was for residential occupancy, the respondent directed the petitioner to submit an application for commercial occupancy for multifaceted use, the petitioner submits. However, the petitioner wanted it only for residential purposes, and the construction was also for the above purpose. Ext.P2 is the application for assigning building number/Occupancy Certificate before the Panchayat, and Ext.P3 is the receipt showing the submission of the application. The application for assignment of a building number had been duly submitted in accordance with the Rules, 2011. The subject matter construction covered by Ext.P2 was a Group A-1 residential building which cannot be termed as a commercial building at all, and on that basis, since the Panchayat comes within the ambit of Category-2 Village Panchayat and the structure is Group A-1 residential occupancy and the extent of construction is 560 square feet, there was no requirement for a building permit as on the date of the construction prior to the coming into force of Rules, 2019, which came into effect only on 8/11/2019 is the submission. Therefore, it is submitted that the insistence by respondents 1 and 2 to submit an application for regularisation, treating the building as a commercial structure, was erroneous. The petitioner requires the building only for residential use, which falls within the ambit of the Rules, 2011, as Group A-1 Residential Occupancy. Construction of the building was completed in 2019 is the submission. Upon completion of construction, the petitioner made an application dtd. 20/9/2019, as stated above, for the assignment of a building number for the construction. It is submitted that, on receipt of this application, the respondents suggested modifying it, stating that it was for commercial purposes rather than residential, and, on that basis, a request letter was submitted stating the same as an application for numbering a commercial building. However, the application was not processed immediately thereafter, and the same was kept in abeyance by the authorities, is the further submission. It is submitted that on account of the delay in processing the application, the petitioner moved this Court by filing W.P.(C). No.12309/2020, and this Court disposed of that writ petition as per Ext.P4 judgment, directing the respondents to consider the benefit entitled by the petitioner for deeming provisions in relation to the numbering of the building/Occupancy Certificate, is the submission. However, the respondents rejected the application on 14/8/2020 after the receipt of the copy of the judgment, without considering the relevant aspects, including the deeming entitlement of the petitioner to the Occupancy Certificate, as evident by Ext.P5, is the further submission. The petitioner approached the Tribunal for Local Self Government Institutions (hereinafter, the Tribunal) by filing an appeal, which was also rejected as per Ext.P9. It is submitted that, after dismissal of the appeal by the Tribunal, the Panchayat issued a letter stating that the demolition of the building has to be effected without which further coercive action shall be taken by the Panchayat. Ext.P10 is the notice. Aggrieved by the same, this writ petition is filed.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the Panchayat.