IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 25146 of 2011(P) -------------------------- PETITIONER: --------------- P.V.ABDUL KHADER, MALABAR HOUSE, KACHERI, EAST HILL, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: --------------- 1. KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, KOZHIKODE. 2. SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE. 3. GENERAL MANAGER, TELECOM, BSNL, KOZHIKODE-1. ADV. MR.V.R.KESAVAKAIMAL, SC, BSNL FOR R3 MR.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25146 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ORDER DTD. 14.11.2009 ISSUED BY R2 REFUSING TO GRANT BUILDING PERMIT. EXT.P2: ORDER DTD. 9.1.2010 ISSUED BY TOWN PLANNING OFFICER, KOZHIKODE CORPORATION TO THE PETITIONER. EXT.P3: REQUEST LETTER DTD. 16.2.2010 SENT BY PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, KSEB. EXT.P4: LETTER DTD. 19.3.2010 SENT BY COUNCILOR OF KOZHIKODE CORPORATION TO R3. EXT.P5: LETTER DTD. 17.5.2010 SENT BY TOWN PLANNING OFFICER, KOZHIKODE CORPORATION TO R3. EXT.P6: ORDER DTD. 13.7.2011 PASSED BY OMBUDSMAN IN O.P.NO.122/2011. EXT.P7: LETTER DTD. 1.8.2011 SENT BY THE SECRETARY, KOZHIKODE CORPORATION TO R3. EXT.P8: PHOTOGRAPHS SHOWING THE POSITION OF THE PILLAR BOX AT PRESENT IN FRONT OF THE PUBLIC LANE. RESPONDENTS' EXHIBITS: EXT.R3(a): NOTICE DTD. 25.8.2011 ISSUED BY R3 TO R1. EXT.R3(b): LETTER DTD. 17.9.2011 ISSUED BY R3 TO R1. EXT.R3(c): RECEIPT ISSUED BY R1. ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.25146 Of 2011 ---------------------- Dated this the 27th day of October, 2011. J U D G M E N T The writ petition is filed for a direction commanding the respondents 1 & 2 to issue building permit to the petitioner as applied for on 29.5.2009 and for a direction commanding the 3rd respondent to take appropriate steps to shift the pillar box No.59 installed at the beginning of the pathway from lorry stand road Kozhikode and replace it to any other convenient place without obstructing the traffic to the pathway. 2. The petitioner submitted an application for building permit for constructing a commercial building in his property comprised in T.S.No.74 in Ward No.7 of the 1st respondent Corporation. The application for building permit was rejected as per order dated 14.11.2009 by the Secretary of the Corporation Corporation marked as Ext.P1. In Ext.P1 one of the defects pointed out is that there is no provision for car parking. Therefore, the petitioner made a request on the same day seeking permission to cover the drainage with concrete slabs and to widen the existing pathway. On the basis of the request, the ::2:: W.P.(C).No.25146 Of 2011 Town Planning Officer, by order dated 9.1.2010, permitted the petitioner to cover the drainage with concrete slabs situated in the public pathway which is lying in front of the proposed construction of the petitioner. Ext.P2 is the said order. The petitioner submits that after Ext.P2 order, the petitioner commenced and completed the construction suggested as per Ext.P2 and subsequently, he submitted a request to the Assistant Engineer, KSEB to remove the two electric post from the public pathway to facilitate transportation. Ext.P3 is the copy of the said request. On receipt of Ext.P3, KSEB informed that they have no objection in the matter provided the petitioner allows the KSEB to install stay wires in his property. The petitioner gave permission for the same and the electric posts were replaced on the side of the pathway. Only thereafter the petitioner resubmitted the application for building permit. Thus, the petitioner covered the drainage with concrete slabs, widened the pathway by spending amounts as directed by the Corporation and thus cured defects noted in the application for the building permit. The grievance of the petitioner is that though the ::3:: W.P.(C).No.25146 Of 2011 aforesaid works were done, the respondent Corporation failed to grant building permit as applied for. The 2nd respondent, subsequently, informed the petitioner that building permit cannot be granted as there is a pillar box belongs to BSNL in the beginning of the pathway from the lorry stand road. The petitioner submitted request to the 3rd respondent, General Manager, Telecom, BSNL through the Councillor of the Corporation requesting the 3rd respondent to shift the pillar box to a convenience place. Though the petitioner requested the 2nd and 3rd respondents to shift the pillar box to a convenient place on several occasions, no steps have been taken either to remove the pillar box from the road portion or to issue building permit. The petitioner thereafter approached the Ombudsman for Local Self Government Institutions on 5.1.2011 and lodged a complaint as 122/2011. The Ombudsman by order dated 13.7.2011 disposed of the complaint after observing that the Corporation may address the BSNL to take a final decision in the matter. Ext.P6 is the order passed by the Ombudsman. After Ext.P6 order, the petitioner again approached the 3rd respondent for ::4:: W.P.(C).No.25146 Of 2011 shifting the pillar box from the existing place. Ext.P7 is the communication issued by the Secretary of the Corporation to the 3rd respondent, General Manager, BSNL, requesting to shift the pillar box. Aggrieved by the inaction on the part of respondents 2 & 3 in not granting building permit and not taking any action to shift the pillar box, this writ petition is filed seeking the aforementioned reliefs. 3. In the counter affidavit filed by the 3rd respondent it is inter alia stated that a suitable location for shifting the pillar box No.59 at the lorry stand road was identified, that the 3rd respondent had calculated the cost for shifting the pillar box and the same will come to Rs.75,000/- and that the cost calculated is subject to the change in the cost of materials and various works involved. It is also stated that the 3rd respondent is ready to shift the pillar box provided the petitioner pays the cost of shifting as per Ext.R3(b). Ext.R3(b) is the true copy of the letter dated 17.9.2011 issued by the 3rd respondent to the 1st respondent stating that the cost of shifting works will come to Rs.75,000/- subject to change in the cost of materials and various works ::5:: W.P.(C).No.25146 Of 2011 involved. 4. The petitioner submits that he is ready and willing to remit the cost of shifting works. 5. In the above said circumstances, if the petitioner remits the cost of shifting works within a period of three weeks from today, the 3rd respondent shall shift the pillar box from the lorry stand road to another place identified by him, within a period of ten days thereafter. After shifting of the pillar box as stated above, the Secretary of the 2nd respondent shall consider the application for building permit submitted by the petitioner and pass appropriate orders, as expeditiously as possible, at any rate, within a period of three weeks from the date of remittance of the cost of shifting works. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-