IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 13040 of 2007(B) ---------------------------------------- PETITIONER: --------------------- K.P.RAGESH, S/O. E.RATNAKARAN, KUNDUNGAL HOUSE, KANATHUR P.O., MULIYAR VILLAGE, KASARAGOD DIST. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT, TRIVANDRUM. 2. THE SECRETARY, KASARAGOD MUNICIPALITY, KASARAGOD. 3. CHIEF TOWN PLANNER, RIVANDRUM. 4. DR. MANJUNATH SHETTY, UNITED HOSPITAL AND RESEARCH CENTRE, ARUVEEKA VIDYANAGAR, KASARAGOD. 5. DR. VEENAKUMARI, UNITED HOSPITAL AND RESEARCH CENTRE, ARUVEEKA VIDYANAGAR, KASARAGOD. R1 & R3 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR R4 & R5( BY ADV. SRI.V.G.ARUN ( SRI.T.R.HARIKUMAR R2 BY ADV. SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss, WPC.NO.13040/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FOR PERMIT SUBMITTED BY RESPONDENTS 4 AND 5 DTD. 5/10/2004. EXT.P2; COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DTD. 12/04/2005. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 9/01/2007. EXT.P4: COPY OF THE JUDGMENT IN WP9C) NO.4022/2007 DTD. 6/02/2007. EXT.P5: COPY OF THE ORDER NO.B.A.259/04-05 DTD. 12/03/2007 OF THE 2ND RESPONDENT. 4TH RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE ORDER NO.PW2/BA/259/04-05 DTD. 12/02/2007. EXT.R4(B); COPY OF THE REPLY DTD. 16/02/2007. EXT.R4(C): COPY OF THE CERTIFICATE NO.G1-1695/07 DTD. 26/06/2007. EXT.R4(D): COPY OF THE BUILDING PERMIT NO.BA.259/04-05 DTD. 4/07/2007. EXT.R4(E): COPY OF THE PHOTOGRAPH SHOWING THE COMPLETED BUILDING. EXT.R4(F): COPY OF THE CONSENT LETTER NO.PCB-ROKKD/KSRD/CE/ 1/05 DTD. 27/12/2005. EXT.R4(G): COPY OF THE PHOTOGRAPH SHOWING THE PARTLY COMPLETED EFFLUENT TREATMENT PLANT. EXT.R4(H): COPY OF THE PHOTO OF COMPLETED EFFLUENT TREATMENT PLANT. EXT.R4(I): COPY OF THE LETTER DTD. 30/09/2004. EXT.R4(J): COPY OF THE LETTER NO.IMAGE/01/02 DTD. 8/02/2006. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.13040 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 13th February, 2008 JUDGMENT Mr.P.V.Kunhikrishnan, learned counsel for the petitioner submits that the main prayer in the Writ Petition is for a writ of certiorari quashing the order passed by the third respondent, the Chief Town Planner, Trivandrum. According to the learned counsel, the Chief Town Planner has passed an order permitting the construction which has been made in violation of the zoning regulations. The third respondent was not competent to grant such permit. Learned counsel sought permission of the court to challenge the order before the Government. Mr.V.G.Arun, counsel for respondents 4 and 5 submitted that the permit application was forwarded by the Municipality to the third respondent for clearance and the third respondent granted clearance and on the basis of that clearance, the Municipality issued permit and on the strength of that permit, the hospital was completely constructed and now the same is functioning. At this distance of time the petitioner may not be permitted to challenge the order of the third respondent before the Government, submitted Mr.Arun. 2. Having considered the rival submissions addressed at the W.P.C.No.13040/07 - 2 - Bar, I am of the view that it will not be proper for this court to grant permission to the petitioner to challenge the order passed by the third respondent since that order has become fait accompli and on the strength of that order, permit was issued and pursuant to that permit, the hospital building is completely constructed. I decline the relief sought for. However, it is made clear that this judgment will not stand in the way of the petitioner availing all remedies which are statutorily available to him. It is open to the petitioner to raise all available grounds before the statutory authority and that liberty is not foreclosed. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE