IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 37822 of 2008(C) ---------------------------------- PETITIONER(S): ------------------- 1. T.G.RADHAKRISHNAN, AGED 53, S/O.N.GOPALA PILLAI, THEKKETH BHAVANAM, R.K.HOUSE, ERAVIPEROOR, THIRUVALLA, REP. BY HIS P/AT.HOLDER BINU CHANDRAN, AGED 35, S/O.CHANDRASEKHARAN PILLAI, NANDANAM, PARUMALA MUR I, KADAPRA VILLAGE,THIRUVALLA. 2. THANKAM RADHAKRISHNAN, AGED 49, W/O. T.G.RADHAKRISHNAN, THEKKETH BHAVANAM, RK HOUSE, ERAVIPEROOR, THIRUVALLA, REP. BY HIS P/A HOLDER BIJU CHANDRAN, AGED 35, S/O. CHANDRASEKLHARAN PILLAI, NANDANAM, PARUMALA MURI KADAPRA VILLAGE, THIRUVALLA. 3. BIJU JOSE THOMAS, VI/154(1)(2)(3), DEEPA TOWERS, DEEPA JN,, THIRUVALLA. BY ADV. MR.P.HARIDAS RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THIRUVALLA MUNICIPALITY, THIRUVALLA REP. BY THE SECRETARY. ADDL.R3: THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DT 16.3.2009 IN I.A.3468/09) ADV. MR.S.SUBHASH CHAND FOR R2 GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, ALONG WITH W.P.(C)NO.37883 OF 2008 AND CON.CASE,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37822 of 2008 EXT.P1: COPY OF BUILDING PERMIT DTD 30.6.2004 ISSUED BY R2. EXT.P2: COPY OF THE SITE PLAN. EXT.P3: COPY OF THE BUILDING PERMIT DATED 11.1.2006 ISSUED BY R2. EXT.P4: COPY OF LETTER DATED 2.3.2006 FROM R2 TO THE TOWN PLANNER, PATHANAMTHITTA. EXT.P5: COPY OF LETTER DATED 4.8.06 FROM R2 TO THE COMMANDANT GENERAL OF FIRE & RESCUE SERVICES, TRIVANDRUM. EXT.P6: COPY OF LETTER DATED 27.9.06 FROM COMMANDANT GENERAL OF FIRE & RESCUE SERVICES, TRIVANDRUM TO R2. EXT.P7: COPY OF APPLICATION 26.6.07 SUBMITTED BY PETITIOENRS 1 & 2 TO R2. EXT.P8: COPY OF LETTER DATED 24.3.07 FROM R2 TO THE TOWN PLANNER, PATHANAMTHITTA. EXT.P9: COPY OF LETTER DATED 28.9.07 FROM R2 TO THE COMMANDANT GENERAL, FIRE & RESCURE DEPT. EXT.P10: COPY OF LETTER DATED 24.3.2008 FROM R2 TO THE COMMANDANT GENERAL, FIRE & RESCUE DEPT. EXT.P11: COPY OF NO OBJECTION CERTIFICATE DTD 21.7.08 ISSUED TO THE PETITIONER. EXT.P12: COPY OF JUDGMENT DTD 2.6.2008 IN W.P.(C) NO.1348/08 OF THIS HON'BLE COURT. EXT.P13: COPY OF LETTER DATED 28.10.2008 ISSUED BY R2. EXT.P14: COPY OF APPLICATION DATED 16.12.2008 SENT BY THE 2ND PETITONER TO R2. EXT.P15: COPY OF COVERING LETTER SENT BY 3RD PETITIONER TO R2 DTD 16.12.2008. EXT.P16: COPY OF APPLICATION SUBMITTED BEFORE R2 BY 1ST PETTIIONER DT. 10.11.2008. EXT.P17: COPY OF REPRESENTATION DTD 27.11.2008 SUBMITTED BEFORE R2 BY 1ST AND 2ND PETITIONERS. EXT.P18: COPY OF ORDER DATED 17.12.2008. EXT.P19: COPY OF DTP SCHEME RECEIVED BY 1ST PETITIONER AND MUNICIPALITY. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37822, 37883/08 & 5146 OF 2009 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT These three writ petitions relate to grant of occupancy certificate in respect of a building constructed by the petitioners in W.P.(C) No.37822 of 2008. In view of non-issuance of occupancy certificate to the building, the tenants of the building, one of whom has filed W.P.(C)No.5146/2009, are unable to get a licence from the Municipality to run their business in the building in question. Originally, the objection of the Municipaltiy was relating to violation of the building rules. It is now admitted by the learned counsel appearing for the Municipality that the objection regarding violation of the building rules has already been cleared and they have no objection in issuing the occupancy certificate, provided the Chief Town Planner gives sanction. 2. The learned Government Pleader on behalf of the Chief Town Planner submits that the Chief Town Planner has no objection, if there is no objection regarding violation of the building rules. In such circumstances, there cannot be any W.P.(C)No.37822/08 &Con.case 2 difficulty for the Municipality to issue occupancy certificate to the building. In the above circumstances, these writ petitions are disposed of with a direction to the Thiruvalla Municipality to issue occupancy certificate to the owner of the building as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Needless to say, on grant of occupancy certificate, the Municipality shall reconsider the applications for licence on re- submission by the tenants or occupiers. S. SIRI JAGAN, JUDGE Acd W.P.(C)No.37822/08 &Con.case 3