WP(C) NO. 10658 OF 2018 1 2025:KER:26215 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 10658 OF 2018 PETITIONER: K.P. ABDUL AZEEZ, AGED 61 YEARS AGED 61 YEARS, S/O.MOHAMMED KUNHI, "ARIFAS", KARIMBAM P.O., THALIPPARAMBA, KANNUR-670142. BY ADVS. T.B.HOOD AMAL KASHA M.ISHA RESPONDENTS: 1 KURUMATHUR GRAMA PANACHAYAT, REPRESENTED BY ITS SECRETARY, KURUMATHUR, THALIPPARAMBA, KANNUR-670142. 2 SECRETARY, KURUMATHUR GRAMA PANACHAYAT, KURUMATHUR, THALIPPARAMBA, KANNUR-670142. BY ADVS. K.O.PRASOON NAMBIAR P.P.SURESHKUMAR (AMBADIYIL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10658 OF 2018 2 2025:KER:26215 MOHAMMED NIAS C.P., J. ========================= W.P.(C) No.10658 of 2018 ========================= Dated this the 27th day of March, 2025 J U D G M E N T The petitioner, stated to be the owner of property in Re. Survey No. 30/8 of Kurumathur Village in Thaliparamba Taluk of Kannur District, obtained a permit from the 1st respondent Panchayat for constructing a commercial building on the property. As the construction could not be completed within the time granted, the petitioner submitted a revised plan, based on which the 1st respondent Panchayat issued a revised building permit as per Ext.P1 dated 07.06.2017. It is stated that the construction of the basement/cellar and the ground floor was completed in 2017, and the same was numbered and assessed to property tax. 2. After the completion of the first floor of the building, the petitioner submitted an application to the Panchayat for numbering WP(C) NO. 10658 OF 2018 3 2025:KER:26215 the shop rooms on the first floor as per Ext.P2 dated 23.09.2017. The Panchayat issued Ext.P3, noticing four defects, out of which three were cured by the petitioner. Ext.P5 was issued by the Panchayat on 09.02.2018, insisting on a fire NOC, and a fire completion report, as a condition for numbering the building. 3. The learned Counsel for the petitioner submits that the application submitted by the petitioner after the completion of the building was made on 23.09.2017 whereas the amended Rules on the basis of which the Panchayat insists on a fire NOC based on Ext.P6 notification is dated 31.10.2017. 4. In the instant case, the petitioner had completed the construction on 23.09.2017 prior to Ext.P6 introducing the amendment on 31.10.2017. Neither at the time of grant of the building permit nor at the time of completion was the condition in Ext.P6 regarding the Fire NOC in existence. It is trite that the law prevailing as on the date of the grant of the building permit is the relevant consideration for considering whether construction has been made in tune with the law. 5. Under such circumstances, Exts.P3 and P5 in so far as they WP(C) NO. 10658 OF 2018 4 2025:KER:26215 direct the petitioner to produce a fire NOC for numbering the building constructed on Ext.P1 permit dated 07.06.2017 cannot be sustained. Accordingly, Exts.P3 to P5, to the said extent is quashed. 6. Upon admission of the writ petition, an interim order was passed on 27.03.2018 directing the respondent to provisionally assign the door number to the 1st floor of the petitioner’s building constructed on the basis of Ext.P1 building permit without insisting NOC from the fire force, subject to further orders in the writ petition. Both sides submitted that the interim order has been complied with by numbering the building. In view of the above, the writ petition is allowed, and the numbering done as per the interim order is directed to be treated as valid and regular. Sd/- MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 10658 OF 2018 5 2025:KER:26215 APPENDIX OF WP(C) 10658/2018 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE REVISED BUILDING PERMIT DATED 07-06-2017 ISSUED BY THE 1ST RESPONDENT PANCHAYAT. EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 23-09- 2017 ISSUED BY THE 1ST RESPONDENT PANCHAYAT. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 08-12-2017 ISSUED BY THE 1ST RESPONDENT PANCHAYAT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18-12- 2017 ISSUED BY THE 1ST RESPONDENT PANCHAYAT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 09-02-2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE KERALA GAZETTE NOTIFICATION DATED 31-10-2017 AMENDING KERALA PANCHAYAT BUILDING RULES. // True Copy // PA To Judge