LEELAMMA KORAH Vs. KEEZHMADU GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P8 order passed by the 2nd respondent, i.e., the Secretary of the Keezhmadu Grama Panchayat, informing the petitioner that number cannot be assigned to the building constructed by the petitioner, since the construction has certain deficiencies in violation of the provisions of the Kerala Panchayat Building Rules, 2011 [for short, 'the Rules, 2011']. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the owner of an extent of 3.79 Ares of property comprised in Re-survey No.333/4-9-2, Block No.33 of Keezhmadu Village, Ernakulam District. Petitioner secured Ext.P2 building permit from the 2nd respondent dated 23.08.2016 for the construction of four storied apartment building i.e., ground plus three floors and a head room having a total plinth area of 683.77 sq. mtrs. Petitioner completed the building and filed Ext.P5 application seeking allotment of number to the building. However, Ext.P6 notice is issued to the petitioner stating three deficiencies. According to the petitioner, the 3rd deficiency is rectified and has issued Ext.P7 reply, stating that the building is constructed as per the approved plan and permit. Thereafter, Ext.P8 notice is issued reporting two more deficiencies. The case put forth by the petitioner is that, petitioner has completed the construction in accordance with the approved plan and permit, and therefore, the 2nd respondent is duty bound to issue occupancy certificate and assign building number.

(3.) I have heard learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the pleadings and the documents on record.