IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 15026 of 2011(C) ----------------------- PETITIONER(S): ----------------------- 1. RAJAN NAIR, T.C.21/1709, BHAVANI HOUSE, ELANKOM ROAD, NEDUMCADU, KARAMANA P.O., THIRUVANANTHAPURAM-695 002. 2. BALAKRISHNAN NAIR, T.C.21/1709, BHAVANI HOUSE, ELANKOM ROAD, NEDUMCADU, KARAMANA P.O., THIRUVANANTHAPURAM-695 002. BY ADVS. DR.K.P.KYLASANATHA PILLAY, SENIOR ADVOCATE SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF TOWN PLANNER, CHIEF TOWN PLANNING OFFICE, PALAYAM, THIRUVANANTHAPURAM-695 001. 3. PARASSALA GRAMA PANCHAYAT REPRESENTED BY THE SECRETARY, (SPECIAL GRADE), PARASSALA P.O., THIRUVANANTHAPURAM-695 502. R1 & R2 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15026 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1, P1(a) AND P1(b) : COPIES OF TAX RECEIPTS ISSUED BY VILLAGE OFFICER. EXT.P2 : COPY OF THE ORDER DATED 4.6.2008 OF THE CHIEF TOWN PLANNER. EXT.P3 : COPY OF THE NO OBJECTION CERTIFICATE DATED 11.8.2008 ISSUED BY THE DIRECTOR, FIRE AND RESCUE SERVICES. EXT.P4 : COPY OF THE RECEIPT FOR RS. 5710/- ISSUED BY PANCHAYATH. EXT.P5 : COPY OF ORDER NO. 20268/2010 DATED 20.8.2010 OF 3RD RESPONDENT, SECRETARY, PARASSALA GRAMA PANCHAYATH. EXT.P6 : COPY OF THE BUILDING PERMIT DATED 27.8.2008 ISSUED BY 3RD RESPONDENT FOR CONSTRUCTION OF COMMERCIAL BUILDING (THEATRE -CUM-KALYANAMANDAPAM). EXT.P7 : COPY OF APPROVAL OF CHIEF ELECTRICAL INSPECTOR VIDE LETTER NO. G2-423/09/GE DATED 19.5.2009. EXT.P8 : COPY OF THE LETTER DATED 29.10.2010 OF 3RD RESPONDENT TO THE FIRE FORCE DIRECTOR. EXT.P9 : COPY OF THE GOVERNMENT LETTER DATED 4/1/2011. EXT.P10 : COPY OF THE LETTER DATED 17.1.2011 OF 3RD RESPONDENT TEMPORARILY SUSPENDING THE REVISED PERMIT. EXT.P11 : COPY OF PETITIONERS' COMMUNICATION TO PANCHAYATH. EXT.P11(a) : COPY OF PANCHAYATH'S RECEIPT DATED 31.1.2011. EXT.P12 : COPY OF THE NO OBJECTION CERTIFICATE DATED 17.2.2011 ISSUED BY DISTRICT MEDICAL OFFICER. EXT.P13 : COPY OF THE NO OBJECTION CERTIFICATE DATED 1.3.2011 ISSUED BY THE DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE. EXT.P14 : COPY OF THE APPROVAL ISSUED BY THE CHIEF ELECTRICAL INSPECTOR. (Contd...) WP(C).No. 15026 of 2011(C) EXT.P15 : COPY OF THE NEW APPROVAL ORDER NO. D4/1385/2011 DATED 8.4.2011 OF CHIEF TOWN PLANNER WHICH PETITIONER RECEIVED UNDER RIGHT TO INFORMATION ACT. EXT.P15(a) : COPY OF DOCUMENT RECEIVED UNDER RTI ACT STATING THAT ORDER DATED 8.4.2011 IS NOT ISSUED TO PANCHAYAT SINCE ISNTRUCTION IS SOUGHT FROM ADVOCATE GENERALS OFFICE DTD 2.5.2011. EXT.P16 : COPY OF PETITIONERS' REPRESENTATION DATED 1.6.2011. EXT.P17 : COPY OF THE LOAN SANCTIONED LETTER OF STATE BANK OF TRAVANCORE. EXT.P18 : COPY OF ORDER NO. D4-1385/2011/D.DIS DATED 3.6.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 15026 OF 2011 ------------------------------- DATED THIS THE 10TH DAY OF AUGUST, 2011 JUDGMENT The writ petition is filed seeking a writ of mandamus directing the 3rd respondent to revoke the temporary suspension of the building permit in Ext.P10 and for other incidental reliefs. This Court by interim order dated 7/6/2011 directed the 2nd respondent to communicate the order, if any, passed by the said authority on the application submitted by the petitioner for approval of the layout, to the 3rd respondent within three days. Subsequently, this Court passed an interim order dated 16/6/2011 directing the 3rd respondent to take appropriate action for grant of permit taking into account Ext.P18 but without looking into paragraph 10 therein. It is further made clear that permit, if granted, will be subject to further orders in this writ petition and also in W.P.(C). No.9658/2011. By the very same order this Court directed the 3rd respondent to consider the question of issuance of permit within a -2- W.P.(C).No.15026/2011 period of two weeks from the date of production of the said order. Pursuant to the interim order dated 16th June, 2011 appropriate action was taken in the matter of grant of permit. 2. The learned counsel for the petitioners submits that based on the direction issued, the 3rd respondent, after examining the relevant documents and after satisfying the required formalities, granted permit applied for. The learned counsel also submits that in the light of the interim order passed and consequent to the grant of permit, no further orders are necessary in this writ petition. 3. Recording the above submission, this writ petition is closed. It is made clear that the permit issued pursuant to the interim direction of this Court is subject to the result of W.P.(C). No.9658/2011 pending before the Division Bench. as ordered in the interim order dated 16/6/2011. HARUN-UL-RASHID, Judge. kcv.