ELDHO ABRAHAM Vs. THIRUVANIYOOR GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is stated to be the absolute owner and in possession of 28 cents of land in Sy.Nos.241/2/3 and 241/2/2/2 of Thiruvaniyoor Village, Ernakulam District, obtained Ext.P1 building permit dated 30.12.2014, and constructed a building having basement, ground floor and first floor. It is his case in the writ petition that, after constructing the building, and obtaining a number for the basement and ground floor of the building, when he sought a number for the first floor of the building, the respondent Panchayat informed him that the number to the first floor could not be granted in view of the provisions of Rule 58(12) of the Kerala Panchayat Building Rules, 2011 [hereinafter referred to as the "2011 Rules"]. It is the case of the petitioner that, inasmuch as the building permit was issued to him on 30.12.2014, and he had completed the construction based on the said building permit, the respondents could not rely on the provisions of Rule 58(12) of the 2011 Rules, and in particular, the amended Rule which came into operation with effect from 31.10.2017. It is the further contention of the learned counsel for the petitioner that, at any rate, the building, has an access to a public road from all the floors and, therefore, the provisions of the unamended Rule 58(12), which insisted on an approval from the Director of Fire Force only in cases where the building exceeded two floors from the ground level, would not apply to him.

(2.) A counter affidavit has been filed on behalf of the respondent Panchayat, wherein, it is stated that the application submitted by the petitioner for numbering the second floor [first floor, when one considers the description in the building permit] could not be considered only because the petitioner had not obtained the required approval of the Fire and Rescue Department for numbering the second floor as contemplated under Rule 58(12) of the 2011 Rules.

(3.) I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent Panchayat.