IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 5978 of 2009(N) ------------------------- PETITIONER(S): --------------- 1. SUNNY MATHEW, S/O. THOMAS MATHAI, ORIKKOMPIL THEKKEMURIYIL, PRAKKANAM, PATHANAMTHITTA. 2. MONCY VARGHESE,S/O. THOMAS VARGHESE, PALAKUNNUMURUPEL,PUTHENVEEDU, PRAKKANAM, PATHANAMTHITTA(PETITIONERS ARE REP.BY THEIR P/A HOLDER SUNIL MATHEW, AGED 44 YEARS, S/O. THOMAS MATHEW, ORIKKOMPIL THEKKEMURIYIL, PRAKKANAM, PATHANAMTHITTA. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA.P.O. 2. DIRECTOR OF FIRE FORCE, FIRE AND RESCUE SERVICES DEPARTMENT, THIRUVANANTHAPURAM-1. GOVERNMENT PLEADER MS. K.R. DEEPA MR. V.K. SUNIL -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5978 OF 2009 ---------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioners' grievance in this writ petition is that in respect of a building constructed with the permit of the Municipality, the Municipality is not forwarding the application for Fire NOC to the 2nd respondent. They, therefore, seek a direction to the Municipality to forward their application to the 2nd respondent for grant of Fire NOC. 2. I have heard the learned Standing Counsel appearing for the Municipality also. The learned Standing Counsel for the Municipality submits that the Municipality is taking steps to initiate fresh proceedings against the petitioners as directed in Ext.P8 order of the Tribunal. 3. I am of opinion that the proposed action to be initiated by the Municipality need not stand in the way of the Municipality forwarding the application for Fire NOC to the 2nd respondent without prejudice to the contention of the Municipality that the construction is in violation of the Kerala Municipality Building W.P.(c)No.5978/09 2 Rules. In the above circumstances, the writ petition is disposed of with a direction to the Municipality to forward the application for Fire NOC submitted by the petitioners to the 2nd respondent without prejudice to the right of the Municipality to take appropriate action as permitted by Ext.P8 order. I make it abundantly clear that the fact that the Municipality has forwarded the application to the 2nd respondent shall not be held as estopping the Municipality from taking the contention that the construction is in violation of the Kerala Municipality Building Rules, if the construction is in fact in violation of Rules. The application shall be forwarded to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.5978/09 3