IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 15061 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------- JOSEPH KURIAKOSE,CHINGAPARAMBIL, VAZHAPPALLY CHIRA,CHENGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA ,REP.BY ITS SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM .695 001. 2. THIRUVALLA MUNICIPALITY,REP.BY ITS SECRETARY,THIRUVALLA,PATHANAMTHITTA DISTRICT, PIN- 689 021. *ADDL.R3 IMPLEADED *R3: MUNICIPAL COUNCIL, THIRUVALLA MUNICIPALITY, REPRESENTED BY ITS CHAIRMAN, THIRUVALLA, PATHANAMTHITTA DISTRICT. *R3 IS IMPLEADED AS PER ORDER DATED 8/08/2011 IN I.A.NO.12994/2011 R1 BY GOVERNMENT PLEADER SRI.MUHAMMED SHAFI.M. R2 & R3 BY ADV. SRI.S.SUBHASH CHAND, SC.THIRUVALLA MUNCIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15061/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NO OBJECTION CERTIFICATE NO.G.I.835/08 DATED 21/3/2009 ISSUED BY THE DIRECTOR FIRE AND RESCUE SERVICES. P2 COPY OF THE APPLICATION DATED 20/10/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3 COPY OF THE APPLICATION DATED 25/2/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4 COPY OF THE ORDER NO.BP-91/05-06 DATED 24/3/2011 OF THE 2ND RESPONDENT. P5 COPY OF THE FILE OBTAINED FROM THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. P6 COPY OF THE AMENDED RULES PUBLISHED AS S.R.O.NO.1070/2009 IN THE KERALA GAZETTE EXTRA ORDINARY NO.2345 DATED 16/12/2009. P7 COPY OF THE G.O.(MS)NO.128/2010/LSGD DATED 21/6/2010 P8 COPY OF THE JUDGMENT DATED 29/10/2010 OF THIS HON'BLE COURT IN WP(C) NO.22269/2010. P9 COPY OF THE APPLICATION DATED 16/4/2008 SUBMITTED BY THE PETITIONER. P10 COPY OF THE CIRCULAR NO.31019/RAI/11/LSGD DATED 22/6/2011. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE ORIGINAL APPLICATION DATED 17/5/2005 R2(B) COPY OF THE CHALLAN DATED 18/5/2005 FOR AN AMOUNT OF RS.7866/- R2(C) COPY OF THE BUILDING PERMIT DATED 4/6/2005 R2(D) COPY OF THE SHOW CAUSE NOTICE DATED 22/9/2005 R2(E) COPY OF THE REPLY DATED 26/9/2005 TO THE SHOW CAUSE NOTICE. R2(F) COPY OF THE BUILDING PERMIT DATED 1/7/2006 ISSUED TO THE PETITIONER ON HIS APPLICATION DATED 30/6/2006. R2(G) COPY OF THE APPLICATION DATED 26/6/2007 2/- -2- WP(C)NO.15061/2011 R2(H) COPY OF THE APPLICATION DATED 27/5/2011 SUBMITTED BY THE PETITIONER SEEKING FURTHER RENEWAL OF EXT.R2(I) BUILDING PERMIT DATED 13/7/2009. R2(I) COPY OF THE APPLICATION DATED 20/10/2009 SUBMITTED BY THE PETITIONER. R2(J) COPY OF THE APPLICATION DATED 25/2/2011. /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 15061 of 2011 --------------------------------------- Dated this the 8th day of August 2011. JUDGMENT The writ petition is field seeking to quash Ext.P4 order and for a direction commanding the 2nd respondent Municipality to accept the balance fees for the construction of 4th, 5th and 6th floor of the building in accordance with the building permit already issued. 2.The grievance of the petitioner is that vide Ext.P4 order dated 24.3.2011 the 2nd respondent Municipality had rejected Ext.P3application. Petitioner’s case is that Ext.P4 order is illegal and 2nd respondent cannot press into service or place reliance on the provisions contained in the amended Kerala Municipality Building Rules. The 2nd respondent Secretary of the Panchayat has filed a detailed statement justifying Ext.P4 order. 3.When the matter was taken for consideration today, W.P.(C) No.15061/2011 2 learned counsel for the petitioner submits that Ext.P4 is appealable and therefore, the petitioner preferred an appeal before the additional 3rd respondent and the matter is pending before the Municipal Council. The counsel also requested this Court to issue direction directing the Municipal council to dispose of the appeal within the time frame to be fixed by this Court. 4. In the above facts and circumstances, this Court direct the additional 3rd respondent Municipal Council to hear and dispose of Ext.P11 appeal preferred by the petitioner challenging Ext.P4 order within a period of 6 weeks from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner and pass appropriate order. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al