2025:KER:28330 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 21958 OF 2022 PETITIONERS: 1 SANTHOSH M.K, AGED 57 YEARS S/O. KRISHNAN VIDIAR, SANIL NIVAS, 5TH MILE, KADIRUR, THALASSERY - 670642, KANNUR DISTRICT 2 SHARMILA V.M., AGED 47 YEARS, W/O. SANTHOSHKUMAR M.K., SANIL NIVAS, 5TH MILE, KADIRUR, THALASSERY - 670642, KANNUR DISTRICT BY ADV C.P.PEETHAMBARAN RESPONDENTS: 1 KADIRUR GRAMA PANCHAYATH, KADIRUR P.O., THALASSERY, KANNUR DISTRICT, PIN : 670642, REPRESENTED BY ITS SECRETARY 2 THE SECRETARY, KADIRUR GRAMA PANCHAYATH, KADIRUR P.O., THALASSERY, KANNUR DISTRICT, PIN : 670642 BY ADVS. M.V.RAHUL BINDUMOL JOSEPH VINODKUMAR CHAMBALON SRIVIDYA K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 21958 of 20 22 - 2 - 2025:KER:28330 JUDGMENT Dated this the 2nd day of April, 2025 Petitioners have approached this Court seeking a direction to the 2nd respondent to assign building number to the petitioners’ building as applied and referred in Exts.P7, P8 and P11 within a time limit to be fixed by this Court. 2. Petitioners originally constructed a commercial building years back having three rooms, and the said building was numbered in 2014 itself. In 2017 petitioners submitted an application for building permit for construction of the 1st floor of the said building as evident from Ext.P1 receipt issued in this regard. As no intimation was given to the petitioners for almost four months, petitioners claiming that they have a deemed permit and thereupon undertook the construction of building and completed the same. When petitioners applied for occupancy certificate Ext.P2 reply was given pointing out certain defects. Later, petitioners cured the said defects and submitted necessary request before the Panchayat. Thereupon further defects were notified by the Panchayat by various proceedings. Now by Ext.P11 panchayat has issued a communication to the petitioners noting three defects and intimated that only on rectifying the said three defects the request of the petitioners for issuance of an occupancy certificate and for numbering the building WP(C) No. 21958 of 20 22 - 3 - 2025:KER:28330 will be considered. As regards the third defect noted petitioners would submit that they have cured the same and has submitted Ext.P9 communication dated 22.06.2021 to the 1st respondent Panchayat and that other two defects will also be cured without any delay. 3. The learned Counsel appearing for the respondent Panchayat would submit that the only defect now remaining is what is stated in Ext.P11, and if the said defects are cured to the satisfaction of respondent Panchayat the application of the petitioners for issuance of an occupancy certificate and for numbering the building will be considered in accordance with law. Taking into consideration the above facts and circumstances, I am inclined to dispose of the writ petition as follows:- 1. Petitioners shall cure the defects noted in Ext.P11 and shall inform respondents 1 and 2 regarding curing of the defects. 2. On such intimation being received the respondents shall conduct necessary site inspection, and if the defects are cured to the satisfaction of the respondents the application submitted by the petitioners for occupancy and for numbering the building shall be duly considered in accordance with law. 3. A final decision in this regard shall be taken within an outer limit of one month after such intimation is received from the WP(C) No. 21958 of 20 22 - 4 - 2025:KER:28330 petitioners regarding the curing of the defects noted in Ext.P11. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 21958 of 20 22 - 5 - 2025:KER:28330 APPENDIX OF WP(C) 21958/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 3/7/2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE NOTICE DATED 2/6/2018 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE REPLY DATED 10/8/2018 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE NOTICE DATED 7/11/2018 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE REPLY DATED 21/2/2019 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE PLP NO. 4664/2019 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY, THALASSERY Exhibit P7 TRUE COPY OF THE PLP NO. 4664/2019 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY, THALASSERY. Exhibit P8 TRUE COPY OF THE LETTER DATED 1/3/2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 22/6/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P10 TRUE COPY OF THE LETTER DATED 10/8/2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P11 TRUE COPY OF THE NOTICE DATED 29/4/2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P12 TRUE COPY OF THE SITE PLAN SHOWING THE WP(C) No. 21958 of 20 22 - 6 - 2025:KER:28330 PARKING PLACE. RESPONDENT EXHIBITS Exhibit R2(a) True copy of the letter No B3- 6858/18 dated 31/10/2022 PETITIONER EXHIBITS Exhibit P13 TRUE COPY OF THE LETTER DATED 9/5/2023 ALONG WITH THE DECISION TAKEN IN STATEWISE ADALATH HELD ON 7.2.2023