The failure to inform the transfer of property under Rule 19 of the KMBR was held to be a curable defect and did not invalidate the building permit.

JUDGMENT :

The effect on a building permit when the property involved in the permit was subjected to a sale without informing the local authority needs to be resolved in this writ petition.

2. Petitioner's application for a completion certificate and occupancy certificate was rejected due to the failure to inform the sale of the property over which the building permit existed. Petitioner challenges the said order of rejection.

3. Petitioner had purchased an extent of 3.24 Ares of property in Re-survey No.246/40 of Nettisserry Village as per Ext.P1 sale deed. Before the sale, the prior owner had obtained a permit to construct a building on the said property. Though the permit was in existence, the transfer of property was not informed to the local authority. After the purchase, petitioner constructed the building based on the permit and applied for a completion certificate and occupancy certificate. However, the first respondent rejected the application, stating that the transfer of property was not intimated to the Corporation as required under Rule 19 of the Kerala Municipality Building Rules, 2019 (for short, 'KMBR'). Petitioner alleges that the impugned order is arbitrary and opposed to law.

4. In the counter affidavit of the respondents, it is averred that Rule 19 of the KMBR stipulates that whenever there is a transfer of the whole or any part of the property unless the work has been executed in full, the intention to transfer the permit and the transfer of property itself, ought to be intimated to the Secretary of the local authority. It is further stated that the transferee also has a duty to inform the Secretary before the commencement of the work, and if the Secretary is convinced that the transfer will not, in any way, affect the development or construction, permission to transfer the permit can be issued. Since neither the petitioner nor his predecessor-in-title had informed the transfer, a completion certificate or occupancy certificate cannot be issued.

5. I have heard Sri.K.J.Manu Raj, the learned counsel for the petitioner as well as Sri. Santhosh P. Poduval, the Standing Counsel for the respondent Corporation.

6. The prior owner of the petitioner had obtained a permit on 05.04.2018 to construct a building, as evidenced by Ext.P3. The validity of the said permit was extended till 31.10.2026, as is seen from the endorsement on the permit. On a perusal of Ext.P1 sale deed and its schedule, it is noticed that there is no reference to any building in existence. Thus, obviously, at the time of sale, there was no structure on the property, and only the building permit existed.

7. Rule 19 of the KMBR deals with intimation of transfer of plots and reads as below:-

“19. Transfer of plots to be intimated.-(1) Every person holding development permit or building permit shall, unless the work has been executed in full and development or occupancy certificate obtained, inform the Secretary, every transfer of the whole or part of any property involved in the permit together with the name and address of the transferee and his intention to transfer or otherwise of the permit.

(2) Every person, in whose favour any property is transferred along with a development or building permit by the transferor, shall, before commencing or continuing the work obtain permit of the Secretary in writing.

(3) The request for permission to commence or continue work shall be submitted in white paper along with documents regarding the ownership and possession certificate and fee of Rs.100.

(4) The Secretary shall, if convinced that the transfer will not in any way badly affect the development or construction, issue permission in writing, transferring the permit and allowing the commencement or continuation of work, within 15 days from the date of receipt of the request.

(5) Permit issued becomes invalid if part of the plot included in the approved plan is transferred/ sold to any other person.”

8. Rule 19 of KMBR requires the prior owner, as well as the purchase