IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 28534 of 2010(N) -------------------------- PETITIONER(S): --------------- JACOB K.THOMAS S/O.THOMAS, AGED 64 YEARS, KAPPIARUMALAYIL HOUSE VAZHAKULAM PO, MANJALLOOR VILLAGE,MUVATTUPUZHA. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. THE MANJALLOOR GRAMMA PANCHAYATH REP BY SECRETARY, VAZHAKULAM PO,MUVATTUPUZHA. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY ADV. SRI.PEEYUS A.KOTTAM FOR R1 BY GOVT. PLEADER SRI.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO. 28534 OF 2010 EXT.P1 TRUE COPY OF THE NOTICE DATED 13.12.2004 ISSUED BY THE SPECIAL TAHSILDAR (L.A.) NH-2 ALUVA. EXT.P2 TRUE COPY OF THE BUILDING PERMIT NO.151/08 DATED 16.1.2008 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE NOC DATED 4.12.2007. EXT.P4 TRUE COPY OF THE COMPLETION CERTIFICATE IN FORM E AND F DATED 23.2.2010 EXT.P5 TRUE COPY OF THE APPLICATION DATED 23/2/2010 EXT.P6 TRUE COPY OF THE APPLICATION DATED 31.5.2010. //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28534 of 2010 ------------------------------- Dated this the 15th day of October, 2010 J U D G M E N T The petitioner who owns a parcel of land within the local limits of first respondent Grama Panchayat applied to the Secretary of that Panchayat for permission to put up a commercial building. That application was allowed and Ext.P2 building permit dated 16.1.2008 was granted. A commercial building was accordingly put up. Before Ext.P2 building permit was issued, sanction of the Kerala Public Works Department was also obtained. After the building was completed, the petitioner submitted an application for a completion certificate. He also requested for numbering the building. The said application was kept pending and orders have not been passed thereon. Aggrieved thereby, the petitioner has moved this Court seeking a direction to the first respondent Panchayat to issue an Occupancy Certificate and to number the building. 2. Sri.Peeyus A.Kottam, the learned standing counsel appearing for the first respondent Panchayat submitted that the land where the building has been put up has been described as 'Nilam' in the document of title and that was the reason why till date an occupancy certificate has not been issued and building has not been W.P.(C) No.28534/2010 2 numbered. The first respondent does not dispute the fact that the building was constructed after Ext.P2 building permit was issued. The first respondent has no case that conditions of the permit have been violated and building is put up in deviation of the approved plan. In such circumstances, I am of the opinion that the objection raised by the Panchayat for issue of the Occupancy certificate and for numbering of the building cannot be sustained. Further, a learned single Judge of this Court has in Shahanaz Shukkoor v. Chelannur Grama Panchayat (2009 (3) KLT 899) has held that the mere description of an item of property as 'Nilam' in the revenue records or in the document of title cannot be a reason to deny a building permit. It was held that the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 will operate on the basis of the facts as they exist on ground and not on the quality or type of land, or its description in the document of title. I am therefore of the considered opinion that the stand taken by the first respondent cannot be sustained. In the result, I dispose of the writ petition with a direction to the first respondent to issue an Occupancy Certificate in respect of the building put up by the petitioner, on the strength of Ext.P2 permit W.P.(C) No.28534/2010 3 and to number the building. Necessary steps in that regard shall be taken and completed within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary of the first respondent Panchayat. P.N.RAVINDRAN, Judge. nj.