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2009 Supreme(Online)(KER) 20054
HIGH COURT OF KERALA
K.M.JOSEPH, J
BHARTI AIRTEL LTD. – Appellant
Versus
KEEZHERIYOOR GRAMA PANCHAYAT – Respondent
RP/663/2008
SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SHRI V.K. RAMAKRISHNAN, SHRI JACOB SEBASTIAN
A judgment quashing building permits does not bar a petitioner from seeking legal regularization of constructions compliant with municipal laws.
Headnote:
Construction - Review Petition - Kerala Municipality Building Rules - Section 1 - The court clarified that previous judgments regarding cancellation of building permits do not impede the petitioner's right to seek regularization of construction as per statutory provisions.
Fact of the Case:
The petitioner challenged a judgment that quashed building permits issued by the Panchayat, arguing that the construction complied with relevant laws and sought clarification that the judgment did not affect their right to regularize the construction.
Issues: Whether the previous judgment's cancellation of building permits obstructs the petitioner's ability to seek regularization of completed construction.
Ratio Decidendi: The court determined that nothing in its previous judgment impeded the petitioner's statutory right to regularize their construction if such regularization was permissible under applicable laws.
Final Decision: The Review Petition is allowed, clarifying that the petitioner may seek regularization of construction as per law.
ORDER
By the Judgment under review, Ext.P3 came to be quashed in so far as it cancelled Exts.P1 and P2. Taking note of Exts.P7 and P8 in the Writ Petition issued by the Panchayat, it was made clear that the Panchayat could bring the proceedings to its logical conclusion. This Court also recorded the submission of the learned counsel for the petitioner that the petitioner will proceed with the construction only after complying with the directions contained in Ext.P8.
2. In the Review Petition, what is pointed out is that the construction was not in violation of any of the provisions of the Panchayat Raj Act or the Kerala Municipality Building Rules and it is to be regularised. However, the Secretary gave Annexure 2 reply. Petitioner filed the Writ Petition and this Court observed that it is not in a position to proceed with the RP.663/08 IN WPC.31356/07G 2 matter in view of what is recorded in the Judgment as the submission of the learned counsel for the petitioner and hence the Review Petition is filed, it is stated, for clarification of the last sentence regarding the submission which I have adverted to. The prayer in the Review Petition is to clarify that the observation is without prejudice to the right of the petitioner to take steps for regularisation of the construction carried on by the petitioner, if it is permissible in accordance with the . This Court had, in the Judgment, quashed Ext.P3 in so far as Exts.P1 and P2 Permits have been cancelled. However, in order that the matter may await a decision, this Court had recorded the submission that the writ petitioner will not proceed with the construction. Learned counsel for the petitioner submitted that the petitioner will proceed with the construction only after complying with the directions contained in Ext.P8, as recorded.
3. I feel that the Review Petition is to be allowed, so that it can be clarified that nothing contained in the Judgment will RP.663/08 IN WPC.31356/07G 3 stand in the way of the petitioner seeking regularisation of the construction which is already made, if such regularisation is permissible in law. I also take note that it was on the basis of the submission of the learned counsel for the petitioner that the petitioner will proceed with the construction only after complying with the directions in Ext.P8 that the statement was recorded in the Judgment. Accordingly, the Review Petition is allowed and it is ordered in the Writ Petition that this will not stand in the way of any application for regularisation filed by the petitioner being dealt with in accordance with law.
Sd/=
K.M. JOSEPH, JUDGE kbk.
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PS to Judge
