IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 23278 of 2007(U) --------------------------------------- PETITIONER: ------------------- E.V.HOMES CONSTRUCTIONS PVT.LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING IT'S REGISTERED OFFICE AT VARDHAMAN CHAMBER, A-WING, PLOT NO.84, SECTION 17, NAVI MUMBAI, REPRESENTED BY POWER OF ATTORNEY AND GENERAL MANAGER E.V.MATHEW KUTTY, S/O.E.M.VARKEY, AGED 57. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, ADVS. SRI.P.MARTIN JOSE, SRI.S.VAIDYANATHAN, SRI.S.SREEKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, (SPECIAL GRADE), KAKKANAD, KOCHI-30. W.P.(C). NO.23278/2007-U: *ADDITIONAL R.4. IMPLEADED: 4. AMBADIMOOLA RESIDENTS' ASSOCIATION, REGISTER NO. ER-808, KAKKANADU, KOCHI-30, REPRESENTED BY IT'S SECRETARY M.A. ABOOBACKER. *IS IMPLEADED AS PER ORDER DT. 29/10/07 IN I.A. NO.11485/07. R1 & R2 BY SR. GOVT. PLEADER SMT. K. MEERA, R3 BY ADV. SRI.S.SHANAVAS KHAN, ADDL. R4 BY ADVS. SRI.K.RAVEENDRAN, SRI.P.K.ABDUL RAHIMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011,ALONG WITH W.P.(C).NOS.14590/2007 AND 19608/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23278/2007-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 20/10/2006 OF THE R.3. EXT.P.2: COPY OF THE SKETCH APPROVED BY THE R.3. EXT.P.3: COPY OF THE PROCEEDINGS DTD 14/05/2007 OF THE R.2. WITH ITS ENGLISH TRANSLATION. EXT.P.4: COPY OF THE COVERING LETTER DTD 20/04/2007 OF THE R.2. EXT.P.5: COPY OF THE CONSENT FOR CONSTRUCTION INCLUDING IT IN ORANGE CATEGORY ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P.6: COPY OF THE NOTIFICATION DTD. 06/11/2000 AS G.O.(MS).NO.250/2006. EXT.P.7: COPY OF THE CIRCULAR DTD. 03/07/2007 OF THE GOVERNMENT WITH ITS ENGLISH TRANSLATION. EXT.P.8: COPY OF THE NOTICE DTD. 24/07/2007 ISSUED BY THE R.3. WITH ITS ENGLISH TRANSLATION. EXT.P.9: COPY OF THE EXPLANATION DTD. 28/07/2007 ISSUED BY THE PETITIONER BEFORE THE R.3. EXT.P.10: COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION AS ON 03/07/2007. EXT.P.11: COPY OF THE PLAINT DTD. 08/05/2007 IN O.S. NO. 616/2007 BEFORE THE DISTRICT COURT, ERNAKULAM. EXT.P.12: COPY OF THE INJUNCTION ORDER IN I.A. NO.2093/2007 OF THE DISTRICT COURT (VACATION COURT), ERNAKULAM. EXT.P.13: COPY OF THE JUDGMENT DTD. 25/02/2008 IN W.P.(C).NO.27381/2007 OF THIS HON'BLE COURT. EXT.P.14: COPY OF THE BUILDING PERIT NO.183/2008 DTD. 12/02/2008 AND THE PLAN SANCTIONED BY THE R.3. GRAMA PANCHAYATH. EXT.P.15: COPY OF THE REVISED PLAN PREPARED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE APPLICATION FOR PERMISSION DTD 20/10/2006 SUBMITTED BY M/S. KUNJUMUHAMMEDUNNI AND MATHEW ANTONY. EXT.R4.B: COPY OF THE COMMISSION REPORT IN I.A. NO. 2094/07 IN O.S. NO. 616/07 BEFORE THE HON'BLE MUNSIFF COURT, ERNAKULAM. W.P.(C). NO.23278/2007-U: EXT.R4.C: COPY OF THE ORDER DTD 21/08/07 IN CMA.NO.64/2007 OF THE HON'BLE DISTRICT JUDGE, ERNAKULAM. EXT.R4.D: COPY OF THE LETTER DTD. 06/08/07 OF THE PRINCIPAL SECRETARY TO GOVERNMENT ADDRESSED TO THE PANCHAYATH. //TRUE COPY// P.S. TO JUDGE. Prv. J.Chelameswar, C.J. & Antony Dominic, J. ---------------------------------------------------- W.P.(C) NO. 23278 OF 2007 & W.P.(C) NOs. 14590 & 19608 OF 2007 ----------------------------------------------------- Dated this the 1st day of July, 2011 J U D G M E N T Antony Dominic, J. The petitioner in W.P.C.23278/07, a Company incorporated under the provisions of the Companies Act 1950, which is stated to be engaged in the development of land and construction of multi storied residential and commercial apartments. It has approached this court, with the following prayers. (i) declare that the petitioner is entitled to the benefit of Ext.P7 Circular since the petitioner has proceeded with the construction above the ground level as on 3.7.2007. (ii) delete the second prayer to the extent of quashing Ext.P7. W.P.(C) NO. 23278 OF 2007 & con. Cases -:2:- (iii) declare that Ext.P7 circular is without authority, illegal and void. (iv) Call for records leading to Ext.P7 and P8 and quash the same by issuing a writ of certiorari or other writ or direction. and (v) issue such other writ or order or direction that may be necessary in the interest of justice. The issues raised in this petition, are all covered by a Division Bench judgment of this court in Meethian Kunju v. State of Kerala (2011(2) KLT 185). In that view of the matter it is not necessary for us to examine the contentions raised by the parties. Therefore, in the light of the aforesaid judgment, this writ petition is also W.P.(C) NO. 23278 OF 2007 & con. Cases -:3:- disposed of leaving it open to the petitioner to make appropriate application before the respondent, Municipality, under the provisions of the Kerala Municipality Building Rules for necessary building permit. If such an application is received, it is directed that the said application will be dealt with and orders will be passed by the Municipal Authorities in accordance with the Kerala Municipality Building Rules and the principles laid down by this court in the judgment referred to above. It is directed that before orders are passed, notice will be issued to the petitioner and also to the additional 4th respondent. In the light of the above directions in W.P.C.23278 of 2007, W.P.(C) NOs. 14590 & 19608 of 2007 are also disposed of, directing that as and when W.P.(C) NO. 23278 OF 2007 & con. Cases -:4:- application for building permit is filed by the petitioner in W.P.C.23278/07, notice will be issued to the petitioners in W.P.(C) NOs. 14590 & 19608 of 2007 also by the Municipal Authorities and they will also be heard before orders are passed. Accordingly all the writ petitions are disposed of. Sd/- J.Chelameswar, Chief Justice. Sd/- Antony Dominic, Judge. ul/- [true copy] P.S. to Judge.