IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 5418 of 2011(B) -------------------------------- PETITIONER(S): -------------------- 1. SUSAN ALEXANDER,W/O.K.A.ALEXANDER,TC 16/ 1706,KODIAT(H),KUKKLIYAR LANE,JAGATHY,THYCAUD, TRIVANDRUM,REP.HER P.A.H.M/S.MATHEW & SAIRA,A PARTNERSHIP FIRM HAVING ITS REG.OFF.AT DOOR NO.39/ 4186-A,M.G.RD,RAVIPURAM,KOCHI-16,REP.BY ITS PARTNERS MATHEW JOSEPH PUTHUSSERIL & SAIRA MATHEW. 2. MATHEWS JOHN,S/O.K.N.JOHN,JEEVAN JEEVAN SEETHAMMA COLONY,CHENNAI, TAMIL NADU,REP. HIS P.A.H.M/S.MATHEW & SAIRA,A PARTNERSHIP FIRM HAVING ITS REG.OFF.AT DOOR NO.39/4186-A,M.G.ROAD, RAVIPURAM,KOCHI-16,REP.BY ITS PARTNERS MATHEW JOSEPH PUTHUSSERIL & SAIRA MATHEW. 3. SUSAN MATHEWS,W/O.MATHEWS JOHN, JEEVAN SEETHAMMA COLONY,CHENNAI, TAMIL NADU,REP. HER P.A.H.M/S.MATHEW & SAIRA,A PARTNERSHIP FIRM HAVING ITS REG.OFF.AT DOOR NO.39/4186-A,M.G.ROAD, RAVIPURAM,KOCHI-16,REP.BY ITS PARTNERS MATHEW JOSEPH PUTHUSSERIL & SAIRA MATHEW. BY ADVS. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): --------------------- 1. CORPORATION OF THIRUVANANTHAURAM,REP.BY ITS SECRETARY,CORPORATION BUILDING, THIRUVANANTHAPURAM - 695 001. 2. THE SECRETARY,CORPORATION OF THIRUVANANTHAURAM,CORPORATION BUILDING, THIRUVANANTHAPURAM- 695 001. 3. THE TOWN PLANNING OFFICER,CORPORATION OF THIRUVANANTHAPURAM,THIRUVANANTHAPURAM- 695 001. R1 & 3 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE ADV.SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 5418 OF 2011 -------------------------------------------- Dated this the 15th day of March, 2011 JUDGMENT The petitioners have effected construction of a multi-storied building on the strength of Ext.P1 building permit in the property for which they are the absolute owners and having absolute possession. After completion of the said construction, the petitioners have approached the second respondent for obtaining the occupancy certificate and also for building permit in accordance with Section 380 of the Kerala Municipality Act. Going by the provisions of Rule 22(3) of the Kerala Muncipality Building Rules, the Secretary is having the power to issue occupancy certificate. The grievance of the petitioner is with respect to the delay in the matter of granting of occupancy certificate and numbering the concerned building. In fact, the petitioners have, earlier, filed Ext.P2 application before the second respondent for the purpose of getting extension of the validity of the building permit. Ext.P3 is the completion certificate. Along with Ext.P3 completion certificate, they have submitted an application for issuance of occupancy certificate. Ext.P3(a) is the acknowledgment receipt dated 13.10.2010. The contention of the W.P.(C) NO.5418/2011 2 petitioner is that having received the application for occupancy certificate, the second respondent is duty bound to consider the same and pass orders on Ext.P2 and to take steps for numbering the concerned building. 2. I have heard the learned counsel for the petitioners and also the learned senior counsel appearing for the respondents. Ext.P3(a) would reveal that the petitioners have already approached the second respondent for occupancy certificate. Ext.P3 is the completion certificate. Along with Ext.P3 completion certificate, they have produced the sketch and all other requisite documents. Ext.P2 is the application submitted by the petitioners for extension of the validity of the building permit to enable the second respondent to consider the question of granting occupancy certificate. Thus, it is obvious that the petitioners have submitted Ext.P2 and the application for occupancy certificate along with Ext.P3 and they are now pending consideration before the second respondent. Since the second respondent is competent to take steps on Ext.P2 and to grant the occupancy certificate, without making any observations as to the merits of the contentions raised in this Writ Petition, it is disposed of with a direction to the second respondent to consider and pass orders on Ext.P2 and the application for occupancy certificate submitted along with Ext.P3 W.P.(C) NO.5418/2011 3 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.5418/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010