4. Essentiality of permit.-
(1) No person shall develop or redevelop any parcel of land or cause the same to be done without first obtaining a permit for each such development or redevelopment from the Secretary.

(2) No person shall construct or reconstruct or make addition or extension or alteration to any building or cause the same to be done without first obtaining a separate building permit for each such work from the Secretary:

[XXXX] 

5. Application for development permit.-
(1) Every person other than a Central or State Government Department who intends to develop or redevelop any parcel of land shall apply in writing to the Secretary in the form in
Appendix AA and such application shall be accompanied by plans and statements in duplicate as required under these rules and documents to prove the ownership of the land concerned and payment of application fee as specified in Schedule 1 along with a copy of the certificate of registration of the Architect, Building Designer, Engineer, Town Planner or Supervisor as the case may be, who has prepared and signed the plans, drawings and statements.

(2) In the case of any development or redevelopment of land by Cetral or State Government Department ,the officer   authorized  shall, before thirty days of commencement of the work, submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions and all other details with a certificate issued by Chief Architect or the Engineer in charge of the works to  the effect that the plans are in conformity with the provisions of these rules in all  respects including conformity to any development plans prepared for the area.

(3) In the case of layout or plot sub-divisions by any defence organisation the officer in charge of the organisation shall submit to the Secretary a set of layout plans or plans of the proposed plot subdivisions giving general indications whether the purpose is residential or otherwise for enabling the Secretary to estimate the requirements for providing services and infrastructure to that area.

(4) In the case of layouts or plot subdivisions by Municipality, the Secretary may approve the plans of the proposed work with his certificate on plans to the effect that the proposed work is in conformity with the provisions of these rules.

(5) In the case of an application for development or redevelopment of any land within a distance of 100 meters from any property maintained by Defence establishment, the Secretary shall consult the officer - in - charge of such establishment before the permission is granted. Such officer shall furnish his reply within thirty days from the date of receipt of the consultation letter if such establishment has any objection to the proposed development. The objection, if any, raised by the officer within the said thirty days shall be duly considered by the Secretary before issuing permit.

(6) In the case of an application for development or redevelopment of any land within 30 meters from substituted by   railway boundary, the Secretary shall consult the Railway Authority concerned before the permission is granted. Such Authority shall furnish his reply within thirty days from the date of receipt of the consultation letter if the authority has any objection to the proposed development. The objection, if any raised by the Railway Authority within the said 30 days shall be duly considered by the Secretary before issuing permit.

(7) In cases where final remarks are not received within the 30 days time from the Defense Officer or Railway Authority as in sub rule (5) or (6), the Secretary may delay final decision, if any interim reply is received from the concerned Defense/Railway Authority.

(8) The Secretary shall, if the lay out approval from the District Town Planner or the Chief Town Planner either as per these rules or as per the provisions of the town planning scheme for that area is required for any development, forward the application with his remarks to the District Town Planner or Chief Town Planner, as the case may be, before issuing development permit.

 NOTES

Rule 5 of'1984 Rules-Exemption:- The recommendation by the GCDA and the Chief Town Planner is sine qua non for granting exemption from operation of the Rules by the State Government. In the absence of such recommendations, the State Government was not legally justified in granting exemption from operation of the Rules for construction of a high rise building. Kurian V. State of Kerala, 2001 (2) KLT 70.
It is clear on the scheme of rule 5 that exemption should be obtained by an owner of land before he puts up the construction. It is not open to the owner of land to put up a building in violation of the various provisions of the Building Rules and then to seek exemption invoking rule 5 of the Rules to legitimize what he had done illegally and in blatant violation of the Building Rules. An ex post facto exemption is not contemplated by rule 5 of the Kerala Building Rules. In fact the introduction of rule 5A on 5-9-1989 re-emphasizes this position. George Joseph v. State of Kercila, 2002- (1) KLT 360.
The power under rule 5 of the Building Rules is only a power to exempt from the operation of all or any of the provisions of the Building Rules. The power does not extent to exempting a builder from these restrictions placed by the relevant provisions of the Kerala Municipalities Act. Only section 410 o the Municipalities Act confers power on the Covermnent to grant exemption Therefore, in the guise of exercising power under rule 5 of the Kerala Buildiini Rules, no-one can be exempted from the compliance with the provisions of t Kerala Municipalities Act. George Joseph v. State of kerala, 2002 (1) KLT3

6. Site plan, Service plan, etc. to be submitted.-
(1) An application for a development permit shall be accompanied by site plan, service plan, together with details and specifications as described below:

(a) the site plan shall be drawn to a scale of not less than 1 : 400 and shall be fully dimensioned and shall show:

(i) the boundaries of the plot and of any contiguous land belonging the owner thereof, including the        revenue survey particulars in full;
(ii) the position of the site in relation to the neighbouring street and its main access;
(iii) the name of such street, if any; and its width, which shall be the width in between the plot boundaries on the opposite sides;
(iv) all existing structures in the plot;
(v) all existing streets or foot - paths within the plot;
(vi) the layout of cul-de-sac, streets, or foot-paths within, adjoining or terminating at the site, existing, proposed to be widened or newly aligned;
(vii) the proposed plot subdivision, if any, and the areas and uses of each sub division thereof;
(viii) the access to each plot subdivision, if any;
(ix) the layout of any service roads or foot paths and public parking spaces proposed or existing, if any;
(x) the area and location of any land within the plot that undevelopable such as rocky outcrops, steep terrains, marshes, etc.
(xi) the area and location of any land within the plot that is not proposed to be developed or redeveloped;
(xii) the area and location of any, land that is proposed to be reclaimed .

(xiii) the area and location of any paddy fields and/or other agricultural land that are proposed to be reclaimed and /or converted for the said development or re-development;
(xiv) the north direction and predominant wind direction in relation to the site.

 (xv) topographic contours (with contour interval not less than 1.5 m show the features of the plot clearly) of the site and any other relevant information of the plot not specially mentioned,but may be required by the Secretary.

Note:- The site plan shall be accompanied by a key map drawn to a scale /appropriate to a scale of 1 : 4000 giving full details of the location of the site with reference to all adjacent streets, premises and landmarks within a distance of 30 m of the plot together with the details of the land use of the adjourning premises, on all sides.

(2) the service plan shall be drawn to a scale not less than that of the site plan, and shall show-

      (i) the proposed plot sub-division, if any, and the uses of such sub- division;
     (ii) the layout of existing and proposed water supply, electricity, drainage and sewerage main lines from or to Which connections are proposed to be given with dimensions and specifications;
    (iii) the layout of existing and proposed water supply, drainage and sewerage lines within the plot, with dimensions, specifications and description of installation;
     (iv) any other relevant information not specifically mentioned but may be required by the Secretary; and
     (v) the north direction and predominant wind direction in relation to the site.

Note:- The minimum size of the paper on which all site plans or service plans are drawn shall not be less than 24 cms X 33 cms or A3.

(3) All plans, drawings and specifications shall be signed by a registered Architect or Engineer or Town Planner or Supervisor or Building Designer as well as the applicant.

(4) If the plot is owned by more than one person, the application shall be submitted jointly and signed by, all such persons or the application shall be signed and submitted by any such person or by any legally authorized third person.

(5) If the application is for joint development or redevelopment of more than one adjoining plots owned by different persons, the application shall be submitted jointly and signed by all the persons or the application shall be signed and submitted by any such person or by any legally authorized third person.

(6) In case the development or redevelopment proposed is within 100 meters of any property maintained by Defense establishment or 30m from any railway boundary, the applicant shall submit sufficient number of drawings along with the application and the Secretary shall transmit the same to the officer in charge of the Defense establishment or Railway authority, as the case may be, for remarks as specified in sub-rules (5) and (6) of rule 5.

(7) The Secretary shall, after considering the application, plans and drawings and other documents issue development permit in the form in Appendix -B

7. Application for building permit.-
(1) Every person other than a Central or State Government Department who intends to construct or a building or make alteration or addition or extension to a building shall apply in writing to the Secretary in the form in Appendix A together with plans and statements in duplicate as required under these rules and documents to prove ownership of the land concerned and payment of application fee as in Schedule 1 along with a copy of the certificate of registration of Architect, Building Designer, Engineer, Town Planner or Supervisor, as case may be, who has prepared and signed the plans, drawings and statement.

(2) In the case of any construction of  by Central or state government department, the officer authorized shall, before thirty days of commencement of the work submitted to the secretary, a set of plans of the proposed building along with the certificate issued by the chief architect or the engineer in charge of the works to the effect that the plans are in the conformity with the provisions of these rules, in all respects including conformity to any development plan prepared for the area.

(3) In case of construction by any Defense Organization, the Officer in charge of the Organization shall submit to the Secretary a set of building plans giving general indications whether they are residential or otherwise for enabling the Secretary to estimate the requirement of water, electricity and sewage disposal.

(4) In case of any  construction  of building by the Municipality, the Secretary may approve the plans with his certificate on the plans that the proposed building is in conformity with the provisions of these rules.

(5) In the case of an application to construct or reconstruct a building or make alteration or addition or extension to a building or make or enlarge any structure within a distance of 100 meters from any property maintained by the Defense establishment, the Secretary shall consult the officer - in - charge of the said establishment, before the permission is granted. Such Officer shall furnish his reply within 30 days from the date of receipt of the consultation letter if such establishment has any objection to the proposed construction. The objections raised by the officer within the said 30 days shall be duly considered by the Secretary before issuing permit.

(6) In the case of an application to erect or re-erect a building or make alteration or addition or extension to a building or to make or enlarge any structure within 30 meters from railway boundary, the Secretary shall consult the Railway Authority concerned before any permission is granted. Such Authority shall furnish his reply within 30 days from the date of receipt of the consultation letter if the authority has any objection to the proposed construction. The objection, if any, raised by the Railway Authority, within the said 30 days shall be duly considered by the Secretary before issuing permit.

(7) In cases where final remarks are not received within the 30 days time from the Defense Officer/Railway Authority as in sub rule (5) or (6) the Secretary may delay final decision in the application for permit, if any interim reply is received from the Defense/Railway Authority.

(8) If the application is for approval of plot or building requirements and for the usage of plot, the Secretary shall forward the same to the Chief Town Planner or the District Town Planner concerned with his remarks.

(9) The application for building permit shall be accompanied by documentary evidence of ownership of plot and the site plan, building plan, services plan, parking plan wherever the building requires parking space as per rules, together with details and specifications as described below:-

(A) The site plan shall be drawn to a scale of not less than  1:400 and shall be fully dimensioned and shall show-

(i) boundaries of the plot intended for the proposed construction and any contiguous land belonging to the same owner.

(ii) the position of the plot in relation to neighboring street;

(iii) the name, if any, of the street along which the building is proposed and the width of the street which shall be the width in between the plot boundaries on opposite sides;

(iv) all existing buildings standing on, above or below the ground level; [XXXX]

(vi) the width of the street, if any in front side or rear of the building;

(vii) free passage or way in front of the buildings;

(viii) space to be left around the building to secure a free circulation of air and admission of light;

(ix)  spaces proposed as garden;

(x) the position of external toilets, cattle sheds, stables, wells and other appurtenant structures

(xi) north direction in relation to the site;

(xii) such other particulars as may be required by the Secretary:
     Provided that when circumstances are such as to make a smaller plan necessary or sufficient, the plan may be drawn to a scale of 1 : 800 with the permission of the Secretary.

(B) the plans, elevations and sections in the building plan of the buildings accompanying the application shall be accurately drawn to a scale of not less than 1 : 100, and shall, -

(i) include floor plans all floors together with the covered area, accessory buildings and basement floor, if any, and such drawings shall clearly indicate the sizes and spacing of all framing members, size of rooms, position of staircases, ramps and lift wells;

(ii) show the use or occupancy of all parts of the buildings;

(iii) show the exact location of essential services like water closets, sink and bath;

(iv) include sectional drawings showing the height of rooms, building and parapet, thickness and spacing of structural members, floor slabs and roof and details of staircase.

(v) show all street elevation;

(vi) give dimensions of the projected portions;

(vii) include a terrace plan indicating the drainage and the slope of the roof;

(viii) show the direction of north line relative to the plan of the building; and

(ix) specify total floor area of building and carpet area of the building.

(C) Service plan shall be drawn to the same scale as the site plan and shall include plans and sections of private water supply and sewage disposal system.

(D) Parking plan shall be drawn to a scale not less than that of the site plan, in cases where parking is to be provided as per these rules, and shall show clearly parking spaces, drive - ways and maneuvering spaces.

(E) Specification shall include specifications of both general and detailed nature giving type and grade of materials to be used.

Note: - The minimum size of paper on which all site plans, building plans, parking plans are drawn shall not be less than 24 cms X 33 cms or A3.

(10) All plans, drawings and design calculations shall be signed by a registered Architector, Engineer, Town Planner or Supervisor, unless otherwise specified.

(11) All plans shall be signed by the owner /applicant also in all cases.

(12) If the plot is owned by more than one person, the application shall be submitted jointly and signed by all the persons or shall be submitted by any such person or a third person if so legally authorized.

(13) If the application is for construction or reconstruction of a single building or block of buildings in more than one adjoining plots owned by different persons, or to make addition or extension or alteration to such building the application shall be submitted jointly and signed by all the persons.

(14) Application for site approval and issue of permit shall be submitted in the form in Appendix A.

(15) If the construction proposed is within 100 meters from any property maintained by Defense establishment or 30 meters from any property maintained by Railway Authority, the applicant shall submit sufficient number of drawings along with the application and the Secretary shall transmit the same to the officer in charge of the Defense establishment or Railway authority, as the case may be, for remarks as specified in sub-rule (5) or (6).

8. Parts to be included for calculating floor area  [x x xl.-
In the calculation of floor area of buildings the following shall be taken into account, namely:-

(a) General:

(i) the total floor area of building shall be the sum total of floor areas at every floor including basement, if any;

(ii) all internal sanitary shafts, air conditioning ducts and lifts shall be included in all the floor levels;

(iii) The area of 'Barsati' or penthouse at terrace floor level shall be included in the floor area; and

(iv) towers, turrets, domes, etc., projecting above the terrace shall not be included in the floor area at terrace level.

(b) Floor area of ground floor:

(i) the floor area of ground floor shall be calculated at the plinth level excluding the plinth off-sets (if the off-set does not exceed 5 cm.);

(ii) in cases where the building consists of columns projecting beyond cladding the floor area shall be taken up to the external face of the cladding and shall not include the projections of columns;

(iii) in the case of verandahs and balconies with at least one of its sides open (other than parapets) to exterior or interior open spaces, only fifty per cent of the area shall be taken into account for calculation of floor area, and,

(iv) open platforms and terraces at ground floor and porches shall not be included in the floor area.
 

(c) Floor area of upper floor:

(i) the floor area of upper floors shall be calculated at the relevant floor levels, architectural bands cornices, etc.,shall not be included in the floor area, vertical sun breakers or box louvers also shall not be included; and

(ii) in the case of verandahs and balconies with at least one of its sides open (other than parapets) to exterior or interior open spaces, only fifty percent of the are should be taken into account for calculation of floor area.

 
(d) Floor area of galleries, mezzanine floor and lofts:-

(i) area of galleries i.e., upper floor of seats in an assembly hall, auditorium etc., shall be fully included in the floor area 

(ii) area of mezzanine floors shall be included in the floor area; and

(iii) the area of loft shall not be included.

 (e) area used for parking of vehicles within a building area of electrical room, room for air-conditioning plant, generator room, internal sanitary, shafts  and air conditioning ducts shall not be included in the floor area of any floor, however area occupied by lift shall be included in any one floor.

9. Certain operational constructions by Government to be (from these rules.-
The [x x x] operational constructions of the Central or State Government, whether temporary or permanent which is necessary for the operation, maintenance, development or execution of any of the following services shall be exempted from these rules, namely:-

(a) Railway;

(b) National Highway;

(c) National Waterways;

(d) Major Ports;

(e) Airways and Aerodromes;

(f) Posts and telegraph, telephones, wireless, broadcasting and other like forms of communications;

(g) Regional grid for electricity;

(h) Any other service which the State Government may, if it is of opinion that the operation, maintenance, development or execution of such service is essential to the life of the community by notification, declare to be a service for the purpose of this clause:
[X X X]

Provided further that the following constructions, by the services do not come under the purview of operational constructions, namely:-

(i) New residential colonies, new residential buildings (other than temporary shelters which are used for essential operational quarters for limited essential operational staff and the like) roads and drains in railway colonies, community halls, hospitals, clubs, all type of educational institutions and offices, shopping complexes, railway mail service offices, parcel offices; and

(ii) Post offices, other type of offices of Posts and Telegraphs Department, residential colonies.

10. permit not necessary for certain works.-
 Notwithstanding anything contained in these rules, no building permit shall be necessary for executing the following works which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of the rules, namely:-

(i) Providing or removing of windows or doors or ventilators;

(ii) Providing inter-communication doors;

(iii) Providing or removing of partitions;

(iv) Gardening excluding any permanent structures,

(v) White or color washing;

(vi) Painting;

(vii) Petty repairs to the building and pitched roof

(viii) Plastering and patch work; and

(ix) Interior decoration without any structural alterations ;

(x) Changing of the location of the building or construction within the
plot:

Provided that the details of works under item (ix) shall be intimated to the Secretary at least ten days before the commencement of such work, with particulars regarding the existing conditions in full so as to enable him to make an assessment of the nature of work. If the Secretary has any objection it shall be communicated to the applicant within ten days.

Provided further that the changing of the location under item (x) shall be incorporated in the completion plan.

11. Approval of site and plans and issue of permit.-
(1) The Secretary shall, after inspection of the site and verification of the site plan and documents, if convinced of the bonafides of the ownership of the site, and that the site plan, drawings and specifications conforms to the site and the provisions of these rules or bye laws made under the Act and any other law, approve the site and site plan.

(2) The Secretary shall, after approving the site and site plan verify whether the building plan, elevation and sections of the building and specifications of the work conforms to the site and site plan, and is in accordance with these rules and bye laws made under the Act or any other law, approve the plan and issue permit to execute the work.

(3) Approval of site and plans shall be intimated to the applicant in writing and the permit as in Appendix C shall be issued on remittance of the permit fee at the rates specified in Schedule II and submission of revised or modified plans, if approved with modifications or conditions.

(4) If after inspection of the site and verification of the plans and documents, Secretary decides to refuse approval, the same shall be communicated in writing specifying the reasons.

(5) Secretary shall, if modification to any plan, drawing or specification is required or any further document or plan or information is required or fresh plan is required under these rules for taking a decision, intimate the same to the applicant in writing within ten days from the date of receipt of such application or plan or document or information.

12. Grounds on which approval of site or permission to construct or reconstruct building may be rejected.-
The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following:-

(i) that the work or use of the site for the work or any particulars comprised in the site plan, ground plan, elevations, sections, or specifications would contravene provisions of any law or order, rule, declaration or bye law made under such law;

(ii) that the application for such permission does not contain the particulars or is not prepared in the manner required by these rules or bye law made under the Act;

(iii) that any of the documents required to be signed by a registered Architect, Engineer, Town Planner or Supervisor or the owner applicant as required under the Act or these rules or bye laws made under the Act has not been signed by such Architect, Engineer, Town Planner or Supervisor or the owner/applicant;

(iv) that any information or document or certificate required by the Secretary under these rules or bye laws made under the Act has not been duly furnished;

(v) that the owner of the land has not laid down and made street or streets or road or roads giving access to the site or sites connecting with an existing public or private street while utilizing, selling or leasing out or otherwise disposing of the land or any portion or portions of the same site for construction of building:

Provided that if the site abuts on any existing public or private street no such street or road shall be laid down or made;

(vi) that the proposed building would be an encroachment upon a land belonging to the Government or the Municipality; and

(vii) that the land is under acquisition proceedings.

13. Period within which approval or disapproval shall he intimated.-
The Secretary shall, within thirty days from the date of receipt of the application for approval of site plan, or any information or further information required under these rules or bye laws under the Act, by written order either approve or refuse to approve the site plan on any of the grounds mentioned in rule 12 and intimate the same to the applicant.

14. Period within which Secretary is to grant or refuse permission to execute work.-
The Secretary shall within thirty days from the date of receipt of an application for permission to execute any work or any information or document or further information or further document required under these rules or bye laws made under the Act, by written order either grant or refuse to grant such permission on any of the grounds mentioned in rule 12 and intimate the same to the applicant;
Provided that the said thirty days shall not begin to run until the site has been approved under rule 13.

15. Reference to council where the Secretary delays to grant or refuse to approve or permit.-
(1) The Council shall, if the Secretary, neither approves nor disapproves a building site, neither gives nor refuses permission to execute any work within thirty days from the date of receipt of the application, on the written request of the applicant, be bound to determine whether such approval or permission should be given or not.

(2) Where the Council does not, within one month from the date of receipt of such written request, determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given, and the applicant may proceed to execute work, but not so as to contravene any provision of the Act or these rules or bye-laws made thereunder.

Provided that such execution of work shall be considered as duly permitted and not one for regularization and permit shall he issued as per rules even if the work has been commenced being carried on or completed if it otherwise complies with rule provisions.

15A. Extension and renewal of period of permits.-
(1) A development permit or a building permit issued under these rules shall be valid for three years from the date of issue.

(2) The Secretary shall, on application submitted within the valid period of the permit, grant extension twice, for further periods of three years each.

(3) The fee for extension of period of permits shall be ten percent of the development permit fee or building permit fee as the case may be, in force at the time of granting extension.

(4) The Secretary shall, on application submitted within one year of the expiry of the permit, grant renewal, once, for a period of three years.

(5) The fee for renewal of permits shall be fifty per cent of the development permit fee or building permit fee as the case may be, in force at the time of renewal.

(6) The application for extension or renewal of a development permit or a building permit shall be submitted in white paper either typed or written in ink, specifying the name and address of the applicant, the number and date of issue of the permit, the stage of development or construction, if already commenced.

(7) The application shall be affixed with necessary court fee stamp and shall contain the original of the permit and approved plan sought to be extended or renewed

(8) The development work or construction work shall be commenced and completed within the valid period of the permit.
Note. - Non commencement of any work within the period specified, if any, in a permit issued before the commencement of these rules shall not be considered as a ban for extension or renewal of permit.

(9) A development permit or a building permit issued before or after the commencement of the Kerala Municipality Building Rules, 1999 or these rules or under the Kerala Building Rules, 1984 including that under the orders of Government or District Collector granting exemption from rule provisions, shall be extended or renewed, on proper application, on like terms and for like periods as a permit issued under these rules.

(10)In case the period of validity stipulated in permit issued before the commencement of the Kerala Municipality Building Rules, 1999 is different from that stipulated in sub rule (1), then the extension or renewal of the permit shall be granted in such a way that the total valid period of the permit shall not exceed nine years.

(11)The application for extension or  renewal of a development permit or a building permit shall be signed and submitted by the original owner of the permit or his legal heir to whom the site devolves or legally authorized representative and in case the plot concerned has been transferred by the original owner, the transferee or his legally authorized representative .

Provided that if the plot or a part of the plot concerned has been transferred, the application for extension or renewal of permit shall not be accepted and acted upon until provisions of rule 21 has been fully complied with.

 NOTES

The fee payable for renewal of building permit is 500/@ of the building permit fee in force at the time of granting renewal or extension. The applicant is not liable to pay50% of the fee levied for obtaining the building permit. Vichus Constructions
(P) Ltd. v. CorporationofCochin,2001(3)KLT770..2001(2)KLJ684.

16. Suspension and Revocation of permit.-
The Secretary shall suspend or revoke any permit issued under these rules if it is satisfied that the permit was issued by mistake or that a patent error has crept in it or that the permit was happened to be issued on misrepresentation of fact or law or that the construction if carried on will be a threat to life or property:

Provided that before revoking permit, the owner of the permit shall be given sufficient opportunity to explain and the explanation shall be duly considered by the Secretary.

 NOTES

      Application for building permit :-An application for permission to put up a building field by a tenant has to be signed by the owner of the land also, otherwise the Commissioner cannot grant permission. (Sreenivasan v. Calicut Corporation, 1980 KLT 930: 1980 KLN 722). Under rule 7(ii) site plan shall be signed by the owner applicant also in all cases.

      A person intending to construct a boundary wall abutting on any public street has to make an application and get permission to execute the work, even if its height is less than eight feet. The word 'building' as used in section 244 is intended to bear the meaning of that word as defined in the explanation to sub- section (1) of Section 242 of the Municipal Corporations Act. (Vilsy Daniel v. Corporation of Trivandrum, 1967 KLT 572: 1967 KLJ 625: 1967 KLR 641).

      Section 244 of the Municipal Corporations Act categorically prohibits construction of a building unless and until the Commissioner has granted permission for the execution of the work. It is only after making an application under Section 247 and waiting for 30 days that the applicant could execute the work. (0. P. No. 1523 of 1977: 1977 KLT SN 19).

      Refusal of permit:- It cannot be said that once the Commissioner refuses to approve the building site he becomes functus officio in regard to the subject matter and cannot grant approval subsequently. Approval of the site can be refused on several grounds, such as defective Plan incorrect particulars, failure to produce relevant documents, etc. If these discrepancies are corrected by the applicant, there is no reason why the Commissioner should not go back on his earlier decision and grant approval. It does not really matter whether he passes the subsequent order on the same application or on a fresh application. (Lakshmikutty Amma v. Badagara Municipality, 1982 KLN 498: 1982 KLT SN 44).

      Permit granted under 1968 Rules :- The period of a building permit granted under the 1968 Rules to construct a three storeyed building was extended upto October 13, 1987. Within that period the construction of ground and first floors was completed. Application for further extension of the permit for completing the second floor was rejected on the ground that the construction would violate the new rules. The petitioner challenged that order. The Court held that rule 41 applied to all cases where a permit issued under the 1968 Rules was in force on May 15, 1984 when the 1984 Rules came into force, whether by original grant or by extension. The rejection of request for extension was illegal. (Ashalata v. Commissioner, Cannanore Municipality 1989 (2)KLT 681: 1989 (2) KLJ 579).

      Transfer of permit:- Some time after obtaining permit for construction of a building the owner sold the property to another. The municipality objected to the construction of the building by the purchaser on the ground that building construction license was not transferable. It was held that in the Municipalities Act there was no embargo on transfer of a permission to construct a buildings' (Ramankutty v. Municipal Commissioner 1989 (1) KLJ 739).

      Obstruction in public street :- Neither the Government nor the Corporation has any right to create any obstruction or use it in any manner other than as a public street. (Govinda Rao v. District Collector, 1983 KLT328).

       The proper use of the highway is for passing and re passing and user for any other purpose may amount to a trespass. The public have a right to use every part of public street and not merely the metal led portion in the centre. Members of the public using the footpaths have a legal right of unobstructed user thereof, and there is a legal liability on the part of the municipal and police authorities to see that such a right is being maintained. If the Corporation grant license to bunks on foot paths it will be illegal. (Achuthan v. District Collector, 1982 KLT 113).

      Municipality has no right to construct building on public street vested in the Municipality. If such illegal construction is attempted the owner of the adjoining land has a cause of action against the infringement of his right of access to the public street. (Godavari Bhat v. Cannanore Municipality, 1984 KLT 1103.-1984 KLJ 694: ILR 1985 (1) Ker 258).

      Suit a against unlawful construction ..- A citizen has a right to institute a suit against the construction of a building in violation of Municipal Building Rules. (Saina v. Konderi, 1984 KLT428)

Building Rules are intended for the benefit of all residents in the municipal area. A construction made in violation of the Building Rules is a direct infringement on the rights of the neighboring owner recognized and provided for in the rules itself. A neighboring owner can claim an injunction to prevent a construction in contravention of the Rules. (Girijadevi Kujnamma v. Hormis Thaliath, 1983 KLJ 377).

     Demolition of building :- Municipal Commissioner served the accused with a notice requiring him within 7 days to demolish his building as it was in a dilapidated and ruinous condition. The accused having failed to comply with the notice a complaint was failed to penalize him. It was held that it is not open to the Criminal Court to acquit the accused on the ground that the order is not proper and is not lawful. What the court has only to see is whether the provisions of law have been complied with and the question whether the discretion has been reasonably and properly exercised cannot be the subject of the scrutiny by the Criminal Court. (Health Officer v. Kelappan, 1965 KLT 409 : 1965 KLJ 485).

       Unlawful Construction :- Under Section 262 of the Municipal Corporations Act it is open to the owner to show that the construction or reconstruction alleged to have been carried out by him was not a work of that nature but only a necessary repair within the meaning of the proviso to Section 262 (1). The owner of the building has to be given reasonable opportunity to show cause why the provisional order to demolish the unlawfully commenced work should not be confirmed. His explanation to the provisional order has to be duly considered by the commissioner before a final order is passed. (Salim v. Corporation of Cochin, 1981 KLT 636).

       A provisional order passed under Section 247 (1) of the Municipalities Act asking the owner to show cause within three days against the proposal to demolish the structure does not give reasonable time. When the owner in his explanation claim that the addition or alteration is a necessary repair not affecting the position or dimension of the building, the question has to be referred to the Municipal Council for its decision. (Kuriakose v. Municipal Council Sherthallai, 1980 KLN 267).

      Removal of encroachment:- The procedure laid down in section 263 of the Municipal Corporations Act need be complied with only if the structure involved is situated in a private property. That need not be followed for removing encroachment on property vested in Corporation. (Corporation of Cochin v. Janardhanan, 1982 KLT 386: 1982 KLN 208).

      Rent cannot be assessed to profession tax :- Investing money in purchasing or constructing building with a view to derive rent there from and collecting rent there from cannot be said to be exercising a profession or calling or transacting a business or holding an appointment. So profession tax cannot be assessed in such cases . (Corporation of Calicut v. Subhadra Kovilakom, 1971 KLT 445: 1971 KLJ 435: 1971 KLR 307).

      The Municipality cannot reject an application for permission to construct a building on the ground that the area is proposed to be acquired. Under S. 393  of the Municipality Act permission can be refused only where the land is under acquisition proceedings. (Padmini v. State of kerala, 1999 (3) KLT465)