IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 23609 of 2009(U) -------------------------- PETITIONER(S): --------------- B.GOPALAKRISHNA PILLAI, S/O.BALAKRISHNA PILLAI, VIPANCHIKA, VISHNATHUKAVU NAGAR, HOUSE NO.27, KOLLAM WEST VILLAGE. BY ADV. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT(S): --------------- KOLLAM CORPORATION, REP.BY ITS SECRETARY. Addl.R2. GURUPRASAD, S/O. AYYAPPAN, VAYALIL KIZHAKKATHIL VEEDU, VISHNATHUKAVU NAGAR, KOLLAM WEST VILLAGE ADV. SRI.BIMAL K.NATH FOR ADDL.R2 SRI.S.JAMAL FOR ADDL.R2 SRI.E.M.SUNIL KUMAR FOR ADDL.R2 SRI.SREEVALSAN.V FOR ADDL.R2 SC FOR R1 SRI. M.K. CHANDRAMOHAN DAS Addl.R2 is impladed as per order dated 14.9.2009 in I.A. No.11142/09 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.23609 OF 2009 (U) -------------------------------------------------- Dated this the 17th day of February, 2010 J U D G M E N T Heard the petitioner, Standing Counsel for the Municipality and the additional 2nd respondent. 2. The grievance of the petitioner is against Ext.P3, a notice issued by the Municipality requiring the petitioner to remove septic tank, as it was against the provisions contained in Rule 104 of the Kerala Municipality Building Rules. The contention raised by the petitioner is that Rule 104 came into force only with effect from 22.2.2001 whereas the building in question was completed and was occupied as early as in 1996. It is stated that since the Rule is prospective in nature, the said Rule can have no relevance, in so far as the building and septic tank constructed in 1996 are concerned. If the petitioner has this objection against Ext.P3, the proper course to be adopted is to file an objection to Ext.P3 before the Municipality itself and it is for the Municipality to decide the matter. Therefore, I dispose of this writ petition leaving it open to the petitioner to file his reply to Ext.P3 before the first WPC.No. 23609/09 :2 : respondent. It is directed that if any reply is filed within two weeks from today, the first respondent shall decide the matter with notice to the petitioner and the 2nd respondent and take final decision in the matter. (ANTONY DOMINIC) JUDGE vi/