IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 24562 of 2010(U) -------------------------------- PETITIONER: -------------- M/S.ABAD BUILDERS (PVT) LTD., ABAD PLAZA, M.G.ROAD, KOCHI- 682 035, REPRESENTED BY ITS MANAGING DIRECTOR DR.NAJEEB ZACKERIA. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.M.R.NANDAKUMAR RESPONDENTS: ------------------ 1. THE MARADU GRAMA PANCHAYATH (SPECIAL GRADE), MARADU (P.O), PIN- 682 304. 2. THE SECRETARY, MARADU GRAMA PANCHAYATH (SPECIAL GRADE), MARADU P.O., PIN-682 304. BY ADV. S. CHANDRASENAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24562 OF 2010 --------------------------------------- Dated this the 10th day of August, 2010. J U D G M E N T The petitioner is a Builder who has constructed a commercial cum office building in a property covering 119.36 cents in survey No.302/1 to 10 of Maradu village. Exhibit P1 is the copy of the building permit. 2. The building was constructed, according to the petitioner, in strict compliance with Exhibit P1 building permit. After completion of the building, Completion Certificate dated 25.02.2010 as per Rule 22(3) of Kerala Municipality Building Rules was submitted before the 2nd respondent with a request to number the building. The building was inspected on 18.05.2010 and according to the petitioner, the 2nd respondent was satisfied that the construction is made as per the sanctioned plan. Exhibit P5 is the copy of the Completion Certificate and Exhibit P6 is the copy of the Inspection Report. Aggrieved by the delay in numbering the building, this writ petition has been filed. W.P.(C) No.24562/2010 2 3. Heard the learned counsel appearing for the Panchayath. It is submitted by the learned counsel appearing for the Panchayath that the Secretary to Local Self Government Department issued a communication to the Panchayath stating that there are some violations in the construction of the building and accordingly, a notice was issued to the petitioner. It is further pointed out that the inspection conducted by the L.S.G.D Engineer of the Panchayath did not report any such violation. 4. Exhibit P6 is the copy of the inspection report which shows that the completed building is as per the completion plan submitted and setbacks provided as per the completed building is according to Kerala Municipality Building Rules, 1999. Some other details have also been mentioned in Exhibit P6. 5. Learned counsel for the petitioner submitted that so far the petitioner has not received any notice issued by the Panchayath. Evidently, Exhibit P6 shows that there is no violation even after the conduct of the inspection. Therefore, the proceedings, if any, need not stand in the way of numbering the building. W.P.(C) No.24562/2010 3 There will be a direction to the Panchayath to number the building in question as expeditiously as possible. This will be without prejudice to the right of the Panchayath to proceed with any action in accordance with the Kerala Municipality Building Rules to find out violation in the construction of the building, if any, and the same can be finalised after giving proper notice to the petitioner and after furnishing an opportunity for hearing also. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp