2025:KER:24219 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 WP(C) NO. 43694 OF 2024 PETITIONER: M/S POLAKULATH SREE KRISHNA REGENCY, BUILDING NO.XIX/136,GURUVAYOOR P.O,THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER P.N. KRISHNA DAS, AGED 51 YEARS, S/O P.K.NARAYANAN, POLAKULATH HOUSE, PALARIVATTOM P.O, ERNAKULAM DISTRICT, PIN - 682025 BY ADVS. P.K.SOYUZ E.V.BABYCHAN RESPONDENTS: 1 GURUVAYOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, GURUVAYOOR P.O, THRISSUR DISTRICT, PIN - 680101 2 THE SECRETARY, GURUVAYOOR MUNICIPALITY, MUNICIPAL OFFICE, GURUVAYOOR P.O, THRISSUR DISTRICT, PIN - 680101 BY ADVS. HARIDAS V.N. SAIFUDEEN T.S B.SHAMEERA NIMISHAMOL SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24219 W.P. (C) No.43694 of 2024 : 2: ZIYAD RAHMAN A.A., J. =========================== W.P. (C) No.43694 of 2024 ============================ Dated this the 20th day of March, 2025 JUDGMENT The petitioner is a partnership firm and is aggrieved by the defect No.3 noted in Ext.P8 notice issued by the 1st respondent Municipality on the Ext.P7 application submitted by the petitioner for occupancy change. It was pointed out that, even though several defects were pointed out, the petitioner is prepared to cure all the defects except serial No.3 therein. 2. Serial No.3 is to the effect that in the possession certificate, the nature of the property is shown as ‘Nanja’. It is pointed out that the petitioner had carried out the construction on the basis of Ext.P4 building permit issued to them as early as on 22.02.2012 and the property was not included in the data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner has placed reliance upon the decision rendered by this Court in Leela Santu and Another v. Secretary, Kothamangalam Muncipality and others [2020 (4) KHC 696] wherein, it was held that, as the building permit was issued prior to 30.12.2017, local body will be estopped from raising objections for grant of completion certificate, occupancy certificate or for grant of 2025:KER:24219 W.P. (C) No.43694 of 2024 : 3: permit for additional construction on the ground that subject property continued to be described as ‘nilam/paddy land’ in BTR. 3. The respondents filed counter affidavit in response to the arguments contained in the statement of facts. 4. After carefully going through the materials on record and after hearing the learned counsel for the petitioner as well as the learned Standing Counsel for the respondents, I find that the issue raised by the petitioner is covered in its favour as per the judgment referred to above. The said fact is reiterated in Ext.P9 circular issued by the Government. In such circumstances, the only conclusion possible is that, defect No.3 mentioned in Ext.P8 is not at all sustainable and therefore an interference is required. Accordingly, this writ petition is disposed of quashing Ext.P8 to the extent it contains the defect No.3. It is further directed that, in event the petitioner cures defects except serial No.3 in Ext P8, the application for occupancy change shall be considered by the 2nd respondent and appropriate decisions shall be taken in accordance with law, within a period of one month from the date of curing the said defects. Sd/- ZIYAD RAHMAN A.A. JUDGE nk 2025:KER:24219 W.P. (C) No.43694 of 2024 : 4: APPENDIX OF WP(C) 43694/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 23.04.2024 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 13.05.2024 Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 13.05.2024 Exhibit P4 A TRUE COPY OF THE BUILDING PERMIT NO. BA186/10 – 11 DATED 22.02.2012 ISSUED BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 07.08.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE PROPERTY TAX RECEIPT FOR BUILDING NUMBER 163/1 DATED 21.05.2024 Exhibit P6(a) A TRUE COPY OF THE PROPERTY TAX RECEIPT FOR BUILDING NUMBER 163/2 DATED 20.05.2024 Exhibit P6(b) A TRUE COPY OF THE PROPERTY TAX RECEIPT FOR BUILDING NUMBER 163/3 DATED 20.05.2024 Exhibit P6(c) A TRUE COPY OF THE PROPERTY TAX RECEIPT FOR BUILDING NUMBER 163/4 DATED 20.05.2024 Exhibit P6(d) A TRUE COPY OF THE PROPERTY TAX RECEIPT FOR BUILDING NUMBER 163/5 DATED 20.05.2024 Exhibit P7 A TRUE COPY OF THE APPLICATION OF CHANGE OF OCCUPANCY DATED 17.08.2024 Exhibit P8 A TRUE COPY OF THE LETTER DATED 05.10.2024 Exhibit P9 A TRUE COPY OF THE GOVERNMENT CIRCULAR NO. LSGD- 406/R.A 1/2018- LSGD LOCAL SELF- GOVERNMENT (R.A) DEPARTMENT DATED 13.08.2018