Compliance with building permit conditions is essential for the issuance of occupancy certificates in local governance.

JUDGMENT

The captioned writ petitions are materially connected in respect of a building permit secured by the petitioner in W.P.(C) No. 17815 of 2016 from the Secretary of Mangattidam Grama Panchayat—second respondent and the challenge there in is to an adverse order passed by the Secretary of the Grama Panchayat against the petitioner ; whereas, the connected writ petition is filed by a resident within the Grama Panchayat and the neighbour of the petitioner in the connected writ petition seeking a direction to the Grama Panchayat and its Secretary to proceed against the construction carried out by the writ petitioner in W.P.(C) No. 17815 of 2016 in violation of the Building Rules and disregarding the direction to stop construction. The petitioner in the said writ petition died and consequently his legal heirs are impleaded as additional petitioners 2 and 3 as per an order passed today.

2. The basic facts discernible from W.P.(C) No. 17815 of 2016 are as follows:

The petitioner is the owner in possession of an extent of 31 cents of property situated in RS No. 68/1 of Mangattidom Amsom, Thalassery Taluk. The petitioner has secured Ext. P1 building permit and Exts. P1(a) and P1(b) approved drawings to construct a single storied residential building in about 6 cents of property, out of the aforesaid 31 cents. According to the petitioner, the third respondent, namely Velladath Krishnan, who is the petitioner in the connected writ petition, who is not in good terms with the petitioner, filed W.P.(C) No. 36264 of 2008 before this Court seeking a direction not to allow the petitioner to construct the building without constructing a retaining wall. Velladath Krishnan has also filed O.S. No. 242 of 2007 seeking injunction against the petitioner. The aforesaid writ petition was disposed of, as per Ext. P2 judgment dated 6th July, 2009, confirming the interim order earlier passed to the effect that the construction of the building shall be done only after constructing the retaining wall.

3. The case of the petitioner is that in perfect compliance with Ext.P2 judgment and Ext. P1 building permit, the petitioner proceeded with the construction after putting up a stable retaining wall. But, the retaining wall collapsed. Taking advantage of the situation, Velladath Krishnan moved Munsiff's Court, Koothuparamba and obtained an interim order in line with Ext. P2 judgment, evident from Ext. P3 order dated 24.09.2009, which according to the petitioner, did not prohibit the further construction, but only made certain conditions to ensure a suitable retaining wall. Further case of the petitioner is that after the said order, petitioner proceeded with the construction of the house as well as a stable retaining wall on the southern and northern side of his property. The petitioner has produced Ext. P4 photographs to demonstrate the same. It is further submitted that after the completion of the construction, the petitioner made a request before the Secretary of the Grama Panchayat for the issuance of an occupancy certificate, as well the assignment of door number to the building. However, that request was turned down by the Secretary of the Panchayat as per Ext. P5 order dated 28.02.2011, which according to the petitioner, was done at the instigation of the Velladath Krishnan. Anyhow, the petitioner has a case that in response to the said communication, he sent a letter to the second respondent to inspect and confirm the stability of the retaining wall put up by the petitioner, evident from Ext. P6.

4. While so, Velladath Krishnan field W.P.(C) No. 16348 of 2010 seeking a direction to the Secretary of the Grama Panchayat not to assign building number or occupancy certificate without constructing sufficiently strong retaining walls for the protection of the property of Sri. Velladath Krishnan on the northern and southern side abutting the property of the Velladath Raghavan, the petitioner. The said writ petition was disposed of, as per Ext. P7 judgment dat