IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939 WP(C).No. 26619 of 2017 PETITIONER(S)

BIJU VARKEY, S/O.VARKEY, AGED 35, KOLLATHAZHE HOUSE, MUDAPPALLOOR P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN-686 672.

BY ADV.SRI.SHYSON P.MANGUZHA RESPONDENT(S):

1. THE CHIEF ENGINEER, LSGD, REVENUE COMPLEX, 3RD FLOOR, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-33.

2. THE PANCHAYAT DIRECTOR, DIRECTORATE OF PANCHAYAT, THIRUVANANTHAPURAM-33.

3. THE DEPUTY DIRECTOR OF PANCHAYAT, PALAKKAD, PALAKKAD DISTRICT, PIN-678 001.

4. THE VADKKANCHERI GRAMA PANCHAYAT, REP. BY THE SECRETARY, VADAKKANCHERI P.O., PALAKKAD DISTRICT, PIN-678 683.

5. THE CHIEF TOWN PLANNER (VIGILANCE), THIRUVANANTHAPURAM-695 001.

6. THE TOWN PLANER (VIGILANCE), PALAKKAD-678 001.

R1 TO R3, R5 & R6 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR R4 BY ADVS. SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1- TRUE COPY OF THE BUILDING PERMIT NUMBER A4/434/14 DATED 16/05/2014.

EXHIBIT P2- TRUE COPY OF BUILDING TAX RECEIPT DATED

22/05/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3- TRUE COPY OF THE OWNER SHIP CERTIFICATE DATED

22/05/2017, ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4- TRUE COPY OF THE SHOW CAUSE NOTICE DATED

02/06/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5- TRUE COPY LETTER DATED 23/05/2017 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P6- TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P7- TRUE COPY OF THE REPLY LETTER DATED 24/10/2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P8- TRUE COPY OF ORDER NUMBER A4-4417/17 AND DATED

04/08/2017 WAS ISSUED BY THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :

EXHIBIT R4(A): TRUE COPY OF THE LETTER DATED 13.11.2017.

//TRUE COPY//

P.S.TO JUDGE Msd.

A.K.JAYASANKARAN NAMBIAR, J.

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===================================================== Dated this the 15^th day of January, 2018

JUDGMENT

The petitioner had constructed a commercial building within the territorial limits of the 4^th respondent Panchayat. It is stated that, immediately after construction, the petitioner obtained a completion certificate and thereafter, the building constructed by him was also allotted a number and granted an occupancy certificate by the respondent Panchayat. Thereafter, by Ext.P6 report, the 6^th respondent appears to have pointed out certain defects, in the construction put up by the petitioner, to the 5^th respondent, who in turn, informed the 4^th respondent of the same. The 4^th respondent, thereafter, forwarded the report to the petitioner and sought for a rectification of the defects pointed out by the 6^th respondent. It is the case of the petitioner that, immediately on receipt of Ext.P6 report, he rectified the defects and submitted Ext.P7 representation before the respondent Panchayat pointing out that the defects had been cured. It is stated that, without considering Ext.P7 representation, the Panchayat proceeded to issue Ext.P8 order dated 04.08.2017 cancelling the occupancy certificate already issued to the petitioner. In the writ petition Ext.P8 order is impugned by the petitioner.

2. A counter affidavit has been filed on behalf of the 4^th respondent Panchayat, wherein it is stated that during the pendency of the writ petition, the Secretary of the Panchayat inspected the property of the petitioner on 13.11.2017 and based on the inspection, a letter was sent to the Chief Town Planner. A copy of the said communication issued by the respondent Panchayat is produced as Ext.R4(a).

3. I have heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the 4^th respondent Panchayat as also the learned Government Pleader appearing for the official respondents of t