IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 30171 of 2009(N) -------------------------- PETITIONER(S): --------------- K.UMMER S/O.ABOOBACKER,BAITHUR RAHMA, AMBUKUTTY, JESSY ROAD, MANANTHAVADY, WYNAD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY. 2. THE TRAFFIC ADVISORY COMMITTEE MANANTHAVADY - REPRESENTED BY ITS CHAIRMAN. 3. MANANTHAVADY GRAMA PANCHAYATH MANANTHAVADY, WAYANAD DISTRICT- REPRESENTED BY ITS SECRETARY. 4. THE SECRETARY, MANANTHAVADY GRAMA PANCHAYATH MANANTHAVADY, WAYANAD DISTRICT. ADV. SRI.P.C.SASIDHARAN FOR R4 SRI.M.H.HUBAISE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, ALONG WITH WPC NO. 1613 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30171/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PLAN APPROVED BY THE PANCHAYAT AS PER PERMIT NO.414/97- 98. P2 : COPY OF THE REVISED PLAN APPROVED AS PER BUILDING NO.414/99-2000 DATED 21/10/1999. P3 : COPY OF THE PERMIT ISSUED AS PER THE REVISED PLAN DATED 21/10/2009. P4 : COPY OF THE RECEIPT SHOWING PAYMENT OF PROPERTY TAX BY THE PETITIONER TO THE PANCHAYAT. P4(a) : COPY OF THE RECEIPT SHOWING PAYMENT OF PROPERTY TAX BY THE PETITIONER TO THE PANCHAYAT. P4(b) : COPY OF THE RECEIPT SHOWING PAYMENT OF PROPERTY TAX BY THE PETITIONER TO THE PANCHAYAT. P4(c) : COPY OF THE RECEIPT SHWOING PAYMENT OF PROPERTY TAX BY THE PETITIONER TO THE PANCHAYAT. P5 : COPY OF THE RECEIPT SHOWING PAYMENT OF BUILDING TAX IN RESPECT OF THE BUILDING NUMBERS 1210 A TO J. P6 : COPY OF THE NOTICE NO.B2-09-10 DATED 23/09/2009. P7 : COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO EXT.P6 NOTICE. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.30171 of 2009 (N) & 1613 of 2010 (B) --------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T The petitioner is a joint owner of a shopping complex by name Park View Tower situated within the area of the Mananthavady Grama Panchayat. 2. According to the petitioner, he had initially submitted a plan to the Panchayat for obtaining building permit indicating a portion of the ground floor as the parking area. That plan, according to him, was revised and that in the revised plan, the parking area shown in the original plan was shown as rooms and parking area was provided outside the building. The petitioner submits that on the basis of the revised plan, building permit was granted and he constructed the building fully in compliance with the approved plan and the building permit. 3. It is also stated that thereafter many of the rooms in the building were numbered and electricity connections were availed of. Subsequently, the Panchayat issued a notice dated 23/09/2009 to WP(C) Nos.30171/2009 & 1613/2010 -2- the petitioner alleging that the parking area in the approved plan was converted into rooms and that the petitioner should rectify the same. It is stated that on receipt of the said notice, he submitted his reply and that the Secretary of the Panchayat was satisfied that there was no violation committed by him. 4. Despite that, the Sub Collector insisted that the petitioner should convert the rooms in the ground floor into parking area, and apprehending coercive action he filed WP(C) No.30171/2009. While admitting the writ petition, this Court passed interim order dated 23/10/2009 directing that status quo in relation to the building shall be maintained. 5. While the above writ petition was pending, the petitioner says that the Sub Divisional Magistrate issued letter dated 25/11/2009 informing the KSEB that in view of the aforesaid violation already committed by the petitioner, unless those violations are rectified, new power connection shall not be given. On receipt of the said communication, the Assistant Engineer of the KSEB issued letter dated 30/11/2009 requiring the petitioner to produce necessary orders/clearances from the competent authority WP(C) Nos.30171/2009 & 1613/2010 -3- in order to enable them to process the application made by the petitioner for electricity connection. It is in view of the said development, he filed WP(C) No.1613/2010, along with his joint owner. 6. On behalf of the Sub Divisional Magistrate, the learned Government Pleader has filed a statement. Going by the statement, the construction undertaken by the petitioners is in departure from the approved plan and the building permit. It is stated that the Traffic Advisory Committee wanted to take action against unauthorised occupants of parking places in the town, and that as the petitioners were one such unauthorised occupants, action was initiated against them. 7. Essentially therefore, the allegation against the petitioners is that they have completed construction of their building converting the parking area provided in the ground floor as rooms, and this according to the official respondents is in violation of the building permit and the approved plan. 8. On the other hand, the petitioners contend that the permit was issued on the basis of the revised plan referred to above WP(C) Nos.30171/2009 & 1613/2010 -4- and the construction undertaken by them is fully in compliance with the approved plan and the building permit. It is also to be noticed that it is on the basis of this complaint made against the petitioners that the whole proceedings were initiated. 9. Therefore, what is required to be ascertained is whether the petitioners have undertaken construction of the commercial building departing from the plan approved by the Panchayat and the building permit issued by them. This is a matter for the Secretary of the Panchayat to ascertain and on such examination, if the Secretary finds that the building of the petitioners has been constructed fully in compliance with the approved plan and the permit, there will not be any occasion for any proceedings against the petitioners. 10. These writ petitions are therefore, disposed of with the following directions:- (1) The Secretary of the Mananthavady Grama Panchayat shall, within seven days of production of a copy of this judgment, inspect the petitioners' commercial building, viz. Park View Tower, and ascertain whether the parking area in the ground floor has been completed in compliance with the approved plan and the building WP(C) Nos.30171/2009 & 1613/2010 -5- permit. On such examination, if he is satisfied that there is no deviation from the approved plan and permit, he shall issue a certificate to that effect to the petitioners. The certificate shall be issued immediately thereafter. (2) If a certificate has been issued as above, it will be open to the petitioners to produce the same before the Assistant Engineer, Electrical Section, Mananthavady, who shall thereupon process the application made by the petitioners for electricity connection and pass orders in the matter. In the meanwhile, interim order of this Court dated 23/10/2009 passed in WP(C) No.30171/2009 will remain in force. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg