SANKETHAM INVESTMENTS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Brief material facts for the disposal of the writ petition are as follows:

(3.) Petitioner is a partnership firm represented by its Managing Partner. In the year 1996, the State Government as per Exts.P1 and P2 granted sanction for the construction of a multi-storied residential building by invoking the powers under Rule 5 of the Kerala Building Rules, 1984, subject to the condition that the 3rd respondent has to ensure that the access road is widened to 5.50 metres before the Project is completed. Petitioner provided clear width of access to the residential building from the street. Petitioner also obtained NOC from the Pollution Control Board, Fire and Rescue Department, Airport Authority of India etc. Thereafter, the building tax has been assessed under Sec.242 of the Municipality Act, since the petitioner failed to submit the completion certificate in spite of the completion of the construction of the building and the building tax is assessed as 'UA'. In 2010, the Government announced a policy to regularize the unauthorised construction by applying the Building Rules, and the Government clarified that the Building Rules existing on the date of sanction would govern the matter and not those existing on the date of application. Thereupon, petitioner has submitted an application for regularisation, however, the same was rejected as per Ext.P26 order dated 18.03.2016, holding that, since as per Exts.P1 and P2, the Government have granted exemption on condition that the access road should have a width of 5.50 metres, regularisation cannot be granted.