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2026 Supreme(Online)(Ker) 36344

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:40843


W.P.(C) NO. 19465 OF 2026



PETITIONER(S):


T JOSEPH


AGED 74 YEARS, S/O K.C THOMAS, KANIYARAKATH,


KURAVILANGAD.P.O, KOTTAYAM, PIN - 686633



BY ADVS.


SMT.G.GIGIMOL


SMT.K.S.HASEENA



RESPONDENT(S):


1 VECHOOR GRAMA PANCHAYATH


REP. BY ITS SECRETARY, VECHOOR P.O., KOTTAYAM


DISTRICT., PIN - 686144


2 THE SECRETARY


VECHOOR GRAMA PANCHAYATH, VECHOOR P.O., KOTTAYAM


DISTRICT, PIN - 686144


3 THE VILLAGE OFFICER


VECHOOR VILLAGE, KOTTAYAM DISTRICT, PIN - 686144



BY ADV.:


SR.GP. SRI.MOHAMMAD SAVAD,


SRI.M.A.ASIF, SC


THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN


TUESDAY, THE 9TH DAY OF JUNE 2026 / 19TH JYAISHTA, 1948

P.V.KUNHIKRISHNAN, J.

Dated this the 09th day of June, 2026

JUDGMENT

The above writ petition is filed seeking the following reliefs:

“i) Issue a writ of mandamus or any other writ order or direction directing the 1st respondent Panchayat to accept and process the petitioner’s application for occupancy certificate/building number manually without insisting upon present revenue classification or compliance under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008;

ii) Issue an order declaring that the petitioner is entitled to the benefit of Exhibit P15 Government Circular No. LSGD-406/RA1/2018-LSGD dated 13.08.2018;

iii) Issue an order declaring that the petitioner’s application for occupancy certificate/building number is liable to be considered based on the law prevailing at the time of issuance of building permit and renewal thereof;

iv) Direct the 1st respondent Panchayat to issue occupancy certificate/building number to the petitioner’s building within a time limit fixed by this Hon’ble Court.

v) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.” [SIC]

2. According to the petitioner, he constructed a building and the building construction was completed in the year 2019 based on a building permit issued in 2010. Therefore, the petitioner is entitled for occupancy certificate without insisting compliance of Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short “Act 2008”). The petitioner also relied Ext.P15 circular. According to the petitioner, he is not able to file the completion certificate through K-SMART because the petitioner has not complied Section 27A of the Act, 2008. Hence, this Writ Petition is filed.

3. Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the Panchayat. I also heard the learned Government Pleader.

4. Considering the facts and circumstances of the case and also in the light of Ext.P15 circular, I think, the Panchayat can be directed to accept the completion certificate manually and pass appropriate orders in the light of Ext.P15 circular.

Therefore, this Writ Petition(C) is disposed of with the following directions:

1. The 2nd respondent is directed to accept the completion certificate and the application for occupancy certificate / building permit manually, in the light of Ext.P15 circular, without insisting the compliance of Section 27A of the Act 2008.

2. Once the application is received, necessary orders will be passed, in accordance with law, within 30 days from the date of receipt of the application.

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