J U D G M E N T

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Dated this the 9th day of July, 2021 The petitioner seeks to declare that the respondents are legally and statutorily bound to consider Ext.P2 application and other requests submitted by the petitioner for the issuance of the completion/occupancy certificate in tune with the Kerala Municipality Building Rules, 1999 and further to declare that the petitioner's construction as per Ext.P1 is one wherein the provisions of the Kerala Municipality Building Rules, 1999 is applicable and the provisions of the Kerala Municipality Building Rules, 2019 cannot be made applicable. The petitioner also seeks to set aside Exts.P9 and P10.

2. The petitioner is a Co-operative Society formed with the objective of land development and construction of affordable residential and commercial units/apartments. The petitioner applied for a building permit for construction of a residential-cum-mercantile/commercial building complex in Ottapalam-II Village. Ext.P1 building permit was issued to construct a residential-cum-mercantile/commercial building with a built up area of 12294.02 Square Metres, out of which 11438.2 Square Metres was allocated for residential area and

856 Square Metres for mercantile/commercial purpose.

3. On 15.03.2018, the petitioner applied for partial occupancy certificate, which was granted. On completion of residential portion of the building, the petitioner submitted Ext.P2 application dated 28.01.2020 requesting to issue completion certificate for residential area. The petitioner was required as per Ext.P3, to obtain Final NOC from the Fire and Rescue Department, Consent from Pollution Control Board and make provision for disposal of solid waste.

4. The Department of Fire and Rescue Services issued the final certificate of approval on 20.08.2020. The petitioner also produced consent from Pollution Control Board and details of solid waste management arrangements made.

The Kerala Real Estate Regulatory Authority also gave registration to the project.

5. In the meanwhile, the 2nd respondent-Secretary to Municipality sent Ext.P6 letter to the 3rd respondent-Town Planner seeking clarification whether renewed approval of the Town Planner is required for issuing Completion Certificate. Subsequently, the petitioner was issued with Ext.P7 communication of the 2nd respondent. In Ext.P7, the petitioner was put to notice that on examination of the completed building, it is found that in deviation of the approved permit, there occurred an additional construction of 597.06 m² and was called upon to explain the same and also to produce a new layout approved.

6. By Ext.P8 communication of the 2nd respondent, the

3rd respondent was informed that the layout of the building was approved for constructing 11438.24 m² and that as per the completion plan, the construction has been carried out for 12035.03 m² which shows an excess construction of 597.06 m². The 3rd respondent-District Town Planner thereupon issued Ext.P9 letter to the 2nd respondent-Secretary enumerating as many as 14 defects, most of which are relating to violation of KMBR, 2019. The 3rd respondent informed the 2nd respondent that the application of the petitioner therefore cannot be entertained. Consequently, the Municipal Engineer issued Ext.P10 requiring the petitioner to cure the 14 defects mentioned in Ext.P9 and resubmit the application along with revised plan. The petitioner challenges Exts.P9 and P10.

7. Respondents 1 and 2 filed a statement dated

25.03.2021. Respondents 1 and 2 submitted that the construction of the building of the petitioner is under Group A occupancy and it consist of 87 units of residential apartments. As per Rule 53 of the Kerala Municipality Building Rules, 1999, in the case apartments houses/flats under Group A1 occupancy, approval of the District Town Planner shall be obtained for usage of plot and lay out of building with total number of dwelling units exceeding 75 units but up to 150 units. The Municiaplity had issued Ext.