When a building completion certificate is submitted, the local authority is mandated to objectively consider the applicant's response and evidence regarding setback compliance and statutory requirements before withholding an occupancy certificate.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Issue a writ, order or direction in the nature of mandamus or any other writ directing respondents No. 2 to 5 to process and approve the petitioner’s application for Occupancy Certificate, based on Exhibit.P4 Completion Plan, and to issue the Occupancy Certificate to the petitioner, within a time frame to be fixed by this Hon’ble Court.

ii. Issue a writ, order or direction in the nature of mandamus or any other writ directing respondents No. 2 to 5 to consider Exhibit P5 reply submitted by the petitioner, in the light of Exhibit P6 Location Sketch, and upon such consideration, to take a reasoned and lawful decision on the petitioner’s application.

iii. Grant such other reliefs as this Hon’ble Court deems fit and proper.

iv. Dispense with the production of English translation of all vernacular documents."

[SIC]

2. Petitioner is an 81-year-old senior citizen, who is the absolute owner in possession of 9.60 ares of property in Kuttoor village. It is the case of the petitioner that, pursuant to Ext.P3 building permit, the petitioner completed the construction of the residential building strictly in accordance with the same. Thereafter, the petitioner submitted a completion certificate, as evidenced by Ext.P4, seeking an occupancy certificate. However, the respondents withheld the same based on an untenable contention is the submission. According to the respondents, there exists a road on the north-eastern side, and a sufficient setback is not given by the petitioner. The petitioner submitted Ext.P5 reply supported by Ext.P6 location sketch, to show no such road exists in any official records and that the construction fully complies with the Kerala Panchayat Building Rules, 2019 (for short 'KBPR 2019'), is the submission. The petitioner relied on Rule 26 of the KPBR 2019 to substantiate and submitted that the side setback is necessary only one metre, and even according to the respondents, the building has more than one metre setback. If that is the case, the same is to be considered by the Panchayat.

Therefore, this writ petition is disposed of with the following directions.

1. The 3^rd respondent is directed to consider Exts.P4 and P5 in the light of Ext.P6 and also in the light of Rule 26 of the KPBR 2019, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

2. Petitioner will produce the certified copy of the judgment along with a copy of this writ petition before the 3^rd respondent for compliance.