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2026 Supreme(Online)(Ker) 9227
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
BEENA DEVASIA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 7242 OF 2024
Important Points
Subject
Civil Law - Administrative Law
Act Referred
Kerala Panchayati Raj Building Rules: RuleS.27, RuleS.28
Kerala Panchayat Building (Regularisation of Unauthorised Constructions) Rules: S.2024
Headnote
(C) seeks reliefs against the application of the Kerala Panchayati Raj Act and its Rules to the petitioner's building constructed before the Act's enactment. The court noted the building's prior use and connections since 1997 and ruled to consider a recent regularization application under new 2024 rules. The major issues centered on the applicability of existing regulations. Consequently, the Writ Petition is disposed of with directions for timely application processing.
For the Appellants/Petitioners: SRI.T.P.PRADEEP, SRI.P.K.SATHEES KUMAR, SRI.R.K.PRASANTH, SMT.MINIKUMARY M.V., SHRI.JIJO JOSEPH
For the Respondents: SHRI.SURIN GEORGE IPE, SRI B PRAMOPD, SC GP, SRI K JANARDHANA SHENOY
| Table of Content |
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| 1. petitioner seeks relief against building regulations. (Para 1 , 2) |
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" i) issue a writ of certiorari or other appropriate writ, direction or order calling for the records relating to Ext.P7 communication and quash the same;
ii) issue a writ of mandamus or any other appropriate writ order or direction, directing the 4th respondent to number the building of the petitioner in Sy.No. 44/7 of Paipad Village.
iii)Declare that the Section 220 (b) of the Kerala Panchayati Raj Act is not applicable to the building of the petitioner in Sy.No. 44/7 of Paipad Village.
iv) Declare that the provisions of Kerala Panchayati Raj Building Rules , 2011 is not applicable to the building of the petitioner in Sy.No. 44/7 of Paipad Village.
v) issue a writ of mandamus or any other appropriate writ order or direction, directing the 4th respondent to dispose of Ext.P9 representation forthwith."
[SIC]
2. Petitioner’s husband has constructed a building on 2 cents of land in the Sy. No.44/7 of Paipad Village in the year 1994, prior to the enactment of the Kerala Panchayat Raj Act, 1994, is the submission. The building is used for commercial purposes and has had a water connection since 1997 and an electricity connection since 1998, as evidenced by Exts. P3 and P4 are the further submissions. Petitioner and husband were abroad, and the Panchayat issued an occupancy certificate in the name of the mother of the petitioner’s husband is the submission. Petitioner’s building was numbered as evident by Ext.P6. After the retirement of the petitioner’s husband’s employment abroad, when he approached the Panchayat to transfer the occupancy to his name in the year 2017, he was informed that there is no building number granted to the petitioner’s building as per the records of the Panchayat, and he was directed to file a fresh application for numbering the building. As per the directions of the 4threspondent, the petitioner’s husband applied for numbering the building before the 4threspondent is the further submission. After considering the petitioner’s application, the 4threspondent, through Ext.P7, informed that, as the building violates the distance rule under Rules 27 and 28 of the Kerala Panchayat Building Rules, 2011, no further proceedings can be taken in the application. At this stage, the petitioner filed Ext.P9 regularisation application. According to the petitioner, under the new rule notified on 09.02.2024 (Kerala Panchayat Building (Regularisation of Unauthorised Constructions) Rules 2024) (for short, the Rules 2024), the violations mentioned can be compounded.
3. Heard.
4. I think this writ petition need not be retained here.
There can be a direction to the Panchayat to consider Ext.P9 in the light of the Rules 2024. Petitioner is also free to file an additional application in accordance with the Rules 2024.
Therefore, this Writ Petition is disposed of with the following directions:
1. Petitioner is free to submit an appropriate application in accordance with the provisions of Kerala Panchayat Building (Regularisation of Unauthorised Constructions), Rules 2024, within a period of three weeks from the date of receipt of a copy of this judgment.
2. If such an application is received, the competent authority of respondent Nos.3 and 4 will consider the same along with Ext.P9 and pass appropriate orders, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the application.
Sd/-
