The Municipality must consider property inspections and petitioners' explanations before finalizing decisions on building permits and ownership certificates, adhering to statutory provisions.

JUDGMENT

These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment.

2. I will narrate the facts in W.P.(C). No.37491/2015 first:

Petitioners are the owners of 12 cents of land which was purchased by them in the year 2010 as per Ext.P1 sale deed, is the submission. The property owned by the petitioners is situated on the side of National Highway 66 (NH66) at Ponnani. It is submitted that, on the southern side of the property a movie theatre by name Alangar Talkies is functioning. It is also submitted that on the northern side of the property residential cum shopping complex of one Mrs. Amina Hamsa is situated and on the opposite side of the road just in-front of the property of the petitioners, residential cum shopping complex of one Mr. Abdul Rahiman is situated. It is submitted that, all these buildings are situated in pucca garden lands and are assigned with building numbers by the 1^st respondent Municipality. It is submitted that, all these lands are lying contiguously with that of the property of the petitioners. Ext.P3 photographs is produced to prove the same. When the petitioners submitted an application for building permit for constructing a three-storied building, Ext.P5 building permit was issued in the year 2013. It is submitted that the building permit was issued after conducting local inspection regarding the present lie and condition of the properties, both by Revenue Authorities and the 1^st respondent Municipality. It is submitted that the petitioners completed construction of two stories and Ext.P6 occupancy certificate for the ground floor was also issued by the 1^st respondent. As evident Ext.P7, Revenue Building Tax was also remitted by the petitioners. But the 1^st respondent refused to number the ground building and also to issue ownership certificate for the same. So the petitioners are prevented from applying for electrical connection is the submission. It is also submitted that, on the other hand, Ext.P9 notice is issued to the petitioners, purportedly under Rule 16 of the Kerala Municipality Building Rules , 1999. According to the petitioners, the reasons stated in Ext.P9 goes against the statutory provisions, as provided in the Kerala Conservation of Paddy and Wet Land Act , 2008 and neither the 1^st respondent nor its Secretary has power to revoke the building permit granted to the petitioners, going by Rule 16 of the . It is also submitted that, mere description of an item of property as Nilam or wet land in revenue records is insufÏcient to assume that the land cannot be used for any purpose. It is further submitted that immediate surrounding lands are also garden lands and have buildings being constructed with the permission of the 1^st respondent Municipality and Building Numbers are also allotted by the Municipality. Hence it is submitted that Ext.P9 notice issued by the 1^st respondent is illegal.

Therefore this writ petition is filed with following prayers:

i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P-9.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1^st respondent to number the ground floor of the building constructed by the petitioners in the property owned by them, as per Exhibit P-5 Building Permit and to issue Ownership Certificate for the same.

iii. Direct the 1^st respondent to accept Building Tax for the ground floor of the building constructed as per Exhibit P-5 Building Permit iv. grant such other reliefs, as this Hon'ble Court shall deem just. (SIC)

2. W.P.(C). No.8060/2016 is filed to implement Ext.P9 notice in W.P.(C). No.37419/2015. The prayers in W.P.(C). No.8060/2016 is filed with following prayers:

i. Call for the entire records relating to Ext. P3 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction dire