IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 24391 of 2010(Y) --------------------------------------- PETITIONER(S): ---------------------- ABDUL LATHEEF, S/O.ABDUL KHADER MUSALIAR AGED 39 YEARS, GENERAL SECRETARY, DARUTHAHLEEM AL GOUSIYYA, CHARITABLE TRUST, KUNDOOR, TIRURANGADI, MALAPPURAM DISTRICT. BY ADVS. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------------------- 1. THE SECRETARY, NANNAMBRA GRAMA PANCHAYAT, NANNAMBRA P.O., MALAPPURAM DISTRICT. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. STATE OF KERALA, REP.BY THE SECRETARY TO LOCAL SELF GOVT.SECRETARIAT, TRIVANDRUM. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVT.OF INDIA, NORTH BLOCK, NEW DELHI. R1 BY ADV. SRI.P.V.KUNHIKRISHNAN R2 & R3 BY GOVT. PLEADER SMT.N.SUDHADEVI R4 BY ADV. SRI.T.P.M.IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24391/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 3.5.2010 BEFORE THE SIT RESPONDENT. P2:- COPY OF THE LETTER ISSUED BY THE HOME SECRETARY TO THE CHIEF SECRETARY OF THE STATE OF KERALA DTD. 24.11.09. P3:- COPY OF THE FORWARDING LETTER DTD. 24.5.2010 OF THE IST RESPONDENT TO THE DIST. COLLECTOR, MALAPPURAM. P4:- COPY OF THE LETTER DT.D 17.6.2010 ISSUED BY THE DISTRICT COLLECTOR. P5:- COPY OF THE LETTER DTD. 22.7.2010 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P6:- COPY OF THE GOVT. ORDER GO(MS) NO. 128/2010/ISGD DT.D 21.6.2010. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24391 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2010. JUDGMENT The petitioner is the General Secretary of a charitable trust, who is seeking for a direction to the Panchayat to number the petitioner's building. There is also a challenge against Ext.P5 communication issued by the Panchayat, whereby the Panchayat required the petitioner to approach the District Collector to get a permission in the matter. 2. Heard learned counsel for the petitioner and learned counsel for the Panchayat. 3. Ext.P1 is the copy of the application submitted by the petitioner. The petitioner has actually purchased it after construction. The permit issued by the Panchayat is for construction of a community hall. According to the counsel for the Panchayat, now the petitioner wants permission to have the use of the building as a “Niscara Palli”. The petitioner is also challenging Ext.P6 amendment to the Kerala Municipality Building Rules,wherein a proviso has been added to Rule 6B which is in the following terms: “Provided that in the case of construction of new building or wpc 24391/2010 2 reconstruction or alteration or addition or extension of existing building for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of the District Collector concerned shall be obtained and the conditions stipulated in the Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony which is in force have to be complied with. Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the Secretary after informing the District Collector in form in Appendix - N duly filled by the applicant and verified by the Secretary. The permit shall be issued only after the concurrence of the District Collector.” According to the petitioner, the proviso cannot have any application as the permit was issued prior to the introduction of the proviso. 4. Learned counsel for the Panchayat submitted that the said question has rather become academic in the light of the fact that already the petitioner has submitted an application to the Secretary of the Panchayat on 6.8.2010 in Appendix N. It is submitted that the Panchayat will forward it to the District Collector for obtaining his concurrence and if concurrence is thus granted by the District Collector, further action will be taken by the Panchayat. 5. In that view of the matter, there will be a direction to the first wpc 24391/2010 3 respondent to forward the application submitted by the petitioner in Appendix - N to the second respondent District Collector without any delay and on receipt of the application, the second respondent will considered the same in terms of the amended rules as well as any other orders/circular which are in force and an appropriate decision will be taken with regard to the grant of concurrence after conducting due enquiries in the matter, which will be communicated to the first respondent Panchayat within a period of two months from the date of receipt of the application in Appendix - N, from the Panchayat. Depending upon the same, the Panchayat will take further action in the matter with regard to the numbering of the building constructed by the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/