J.G.PALACKALODY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) I am considering these Writ Petitions together on account of the analogous nature of factual circumstances presented therein and since the prayers sought for in them overlap with each other.

(2.) While WP(C) No.29972 of 2019 has been filed by Shri.Arakkanattil Oommen Iype (who will hereinafter referred to as "Shri. Iype" for convenience), asserting that he is entitled to use the construction made by him at Kottayam on the strength of a deemed occupancy under the provisions of Rule 22(3) of the Kerala Municipality Building Rules (KMB Rules for short); the other Writ Petitions have been filed by individuals (who will hereinafter be called collectively as the "objectors") alleging that the construction of Shri.Iype is illegal and therefore, liable to be demolished and not deserving of being regularized in terms of law.

(3.) It transpires from the pleadings and materials available that the Writ Petitions filed by the objectors, except WP(C)No. 12159 of 2019, were filed before the application for regularization made by Shri.Iype had been considered under the provisions of the Kerala Municipality Building (Regularization of Unauthorized Construction) Rules 2018 (hereinafter referred to as the 'Regularization Rules' for short) and they assert that any such application made ought not to be considered by any of the competent authorities. However, pending this lis, it appears that Shri. Iype made an application for regularization under the afore Rules and that the same was considered by the competent authority as per Order No. C/1612/2018/K.DIS dated 25.3.2019, imposing certain conditions to be complied with Shri. Iype before obtaining regularization of his construction.