IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37689 of 2010(I) ------------------------------------- PETITIONER: ------------------- M/S.SOUTHERN HOSPITALITIES PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SMT.XAVI MANO MATHEW, T.C.NO.15/1057, OPPOSITE COTTON HILLS GIRLS SCHOOL, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.ANTONY C. ETTUKETTIL. RESPONDENTS: ------------------------ 1. TRIVANDRUM CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDING, MUSEUM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, ADV. SRI.P.K.MANOJKUMAR, R2 BY SPL. GOVT. PLEADER SRI. C.M. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37689/2010-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT NO.E6/BA-C-319/09 DTD. 05/04/2010 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.2: COPY OF THE ORDER DTD. 01/10/2010 ISSUED BY THE COURT OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. EXT.P.3: COPY OF THE INTERIM ORDER DTD. 26/10/2010 IN W.P.(C).NO.31522/2010 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE NOTICE DTD. 30/10/2010 ISSUED BY THE R.1. EXT.P.5: COPY OF THE NOTICE DTD. 18/11/2010 ISSUED BY THE R.1. EXT.P.6: COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXT.P.5. NOTICE ON 03/12/2010 TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37689 OF 2010 -------------------------- Dated this the 22ndday of December, 2010 J U D G M E N T Ext.P5 notice dated 18.11.2010 issued by the Secretary of Thiruvananthapuram Corporation to the petitioner is under challenge in this writ petition. By Ext.P5, the petitioner was called upon to stop the construction of a multi-storied building on the ground that the building permit was issued without reference to the amendment to the Kerala Municipality Building Rules, 1999. The petitioner was also called upon to show cause why the said building permit should not be cancelled and to submit an appropriate reply within 15 days and was also informed that till such time, the construction of the building should be stopped. Upon receipt of Ext.P5, the petitioner submitted Ext.P6 reply wherein it is contended that the building permit was validly issued. In this writ petition, the petitioner challenges Ext.P5 and seeks a declaration that the petitioner is entitled to proceed with the construction and complete the same on the strength of Ext.P1 building permit. The main contention raised by the petitioner is that rule 16 of the Kerala Municipality Building Rules does not empower the Secretary of the local authority, which WPC No.37689/2010 2 granted the permit, to issue a direction to stop the construction. It is also contended that there has been no misrepresentation of facts and therefore the building permit is not liable to be cancelled. 2. When the writ petition came up for hearing today, Sri.Antony C.Ettukattil, learned counsel for the petitioner submitted that the petitioner is willing to enlarge the site of the building by 11 cents so that the present construction can be regularised even going by the amended building rules. The learned counsel also submitted that the said proposal has not been incorporated in Ext.P6 reply and that the Secretary of the first respondent Corporation may be directed to consider the said submission also while taking a final decision in the matter. 3. Sri.P.K.Manoj Kumar, learned standing counsel appearing for the Thiruvananthapuram Corporation submitted that the Secretary of the local authority will take a final decision in the matter within two weeks from today and that in the event of the petitioner submitting an additional representation setting out the offer to provide an additional area of 11 cents to the site of the proposed building, the Secretary will consider the said aspect while taking a decision in the matter. In the light of the stand taken by the respondents and the offer made by WPC No.37689/2010 3 the petitioner, I am of the opinion that this writ petition can be disposed of with a direction to the Secretary of Thiruvananthapuram Corporation to consider the objections raised by the petitioner in Ext.P6 and also the offer made by him to enlarge the site of the proposed building by another 11 cents. I accordingly dispose of this writ petition with a direction to the Secretary of Thiruvananthapuram Corporation to take a final decision in the matter expeditiously and in any event within two week from today having due regard to Ext.P6 reply submitted by the petitioner and the offer made by the petitioner to increase the area of the site of the building by 11 cents. The petitioner shall file an additional representation before the Secretary of Thiruvananthapuram Corporation along with a certified copy of this judgment setting out the above offer. In the meanwhile it will be open to the petitioner to proceed with the construction at their risk. The petitioner’s entitlement to proceed with the work would thereafter depend on the decision taken by the Secretary of the local authority. P.N.RAVINDRAN, (JUDGE) vps WPC No.37689/2010 4 WPC No.37689/2010 5