SHIRALI YOUSAF Vs. PRINCIPAL SECRETARY TO GOVERNMENT
LAWS(KER)-2020-3-29
HIGH COURT OF KERALA
Decided on March 02,2020

Shirali Yousaf Appellant
VERSUS
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

ALEXANDER THOMAS,J. - (1.)The case set up in this Writ Petition (Civil) is as follows : That the petitioners are the absolute owners and in possession and enjoyment of property comprised in Re.Sy.Nos. 278/25, 27, 39 of Alathur Village, Alathur Taluk in Palakkad District. That in the year 2017 the petitioners duly obtained a building permit for constructing a commercial building in their property mentioned above with a total extent of plinth area of 364.50 m2. It is submitted that though the permit was obtained for two storied building yet the petitioners later converted open terrace into 2nd floor of the said commercial building and thereafter filed an application for regularization as required under law with all necessary documents. Though the petitioners have complied with all requisite conditions mandated under law for the regularization of the commercial building constructed by the petitioners as per Ext.P3, building permit the respondent without considering the regularization application filed by the petitioners, issued another communication stating that the petitioners have violated KPBR Rule 27 by constructing their commercial building abutting the adjacent properties. It is in the light of these averments and contentions, that the petitioners have filed the instant Writ Petition (Civil) with the following prayers :
i) Issue a writ of Mandamus or any other writ order or direction directing the 3rd respondent to regularize the construction of the petitioner's commercial building in the light of the NOC issued by the adjacent property owners.

ii) Issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the light of the facts and circumstances of the case so as to secure the ends of justice.

(2.)Heard Sri. Johnson Varikkappallil, learned counsel appearing for the petitioners, Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondent No.1., and Sri. K. S. Arun Kumar, learned counsel appearing for the respondent Nos. 2 & 3-Alathur Grama Panchayat.
(3.)According to the petitioners, they have submitted application for regularization of the impugned construction as referred to in Ext. P6 receipt dated 17.05.2019 and is pending consideration before the 3rd respondent-Alathur Grama Panchayat etc. Taking note of the facts and circumstances of this case, it is ordered that the 3rd respondent will take up the request made by the petitioners in the application for regularization as referred to in Ext. P6 receipt dated 17.05.2019 and after affording reasonable opportunity of being heard to the petitioners through their authorized representative/counsel if any, will pass appropriate orders thereon in accordance with law, without much delay, preferably within a period of 6 weeks from the date of production of a certified copy of this judgment.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.