USMAN Vs. CORPORATION OF CALICUT

JUDGEMENT

(1.) Is the Secretary of a Municipality empowered to issue permission, transferring a development permit or a building permit in part and allowing the commencement or continuation of the work following such transfer

(2.) The petitioner obtained a development and building permit. Later, respondents 2 and 3 purchased a portion of the land involved in that permit and the semi - finished structures standing thereon, with the right to continue to build that portion. The Secretary of the first respondent Corporation issued Ext. P8 taking the view that the permit cannot be transferred in part. Hence, this writ petition.

(3.) R.21 of the Kerala Municipality Building Rules, 1999, hereinafter referred to as the 'KMBR', deals with intimation regarding transfer of plots. Sub-R.1 thereof provides that every person holding development or building permit shall, unless the work has been executed in full and development or occupancy certificate obtained, inform the Secretary, every transfer of the whole or part of any property involved in the permit together with the name and address of the transferee and his intention to transfer, or otherwise, the permit. This provision itself is sufficient intrinsic tool, by way of statutory material, to hold that there is no prohibition for transfer of a part only, of any property involved in a development or building permit. All that is required is that the transfer of the property, whether in whole or in part, has to be intimated to the Secretary. The transferor shall also intimate to the Secretary his intention to transfer the permit or not. Therefore, this sub-rule itself is sufficient indicator of the fact that there is no embargo for the owner of the land under development, or the building under construction, to transfer only a part of it. Such transfer does not require the permission of the Secretary. The transfer is to be intimated to the Secretary. If the transferor informs the Secretary of his intention to transfer the permit, he essentially informs his consent for the transfer, following which the Secretary can proceed with any request for transfer of the permit on such basis.