IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 24473 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. K.THULASI, AGED 59 , CHITTOOR HOUSE M/S. CHITTOOR AGENCIES, STADIUM BUILDINGS, KOLLAM DISTRICT. 2. SARASWATHY CHITTOOR HOUSE ,T.R.A.105,THIRUMULLAVAROM, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SMT.THANKOM.G SRI.ABHILASH MATHEW SRI.T.A.ABDUL RASHEED SRI.ADEEP ANWAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT TRIVANDRUM. 2. THE DEPUTY SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT TRIVANDRUM. 3. CHIEF TOWN PLANNER THIRUVANANTHAPURAM. 4. THE SECRETARY KOLLAM CORPORATION. 5. TOWN PLANNING OFFICER KOLLAM CORPORATION. 6. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES (DOCE) ERNAKULAM SUB CIRCLE OFFICER, KOCHI. 7. THE VILLAGE OFFICER, KOLLAM WEST. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R6 BY GOVT. PLEADER SRI. DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True Photostat copy of the License dated 9.7.1985 issued by the Deputy Chief Controller of Explosives, South Circle, Madras. Ext.P2. True Photostat copy of the Licence dated 1.10.2007 issued by Deputy Chief Controller of Explosives, Ernakulam. Ext.P3. True photocopy of the building Tax receipt dated 28.3.2009 issued by the Kollam Corporation. Ext.P4. True copy of the Lease Agreement dated 6.7.2006 executed between the Ist petitioner and the 2nd petitioner. Ext.P5. True photo copy of the letter dated 2.11.2006 issued by the Joint Controller of Explosives, Chennai Ext.P6. True copy of the Plan of he proposed storage shed. Ext.P7. True photocopy of the communication dated 11.12.2008 of the 4th respondent to 3rd respondent. Ext.P8. True photo copy of te letter dated 11.12.2008 issued by the 5th respondent. Ext.P9. True copy of the intimation dated 26.3.2009 issued by the 3rd respondent. Ext.P10. True copy of the Notice dated 27.1.2006 issued by the 4th respondent. Ext.P11. True copy of the possession certificate with Location Sketch of Kollam West Village dated 3.7.2004. Ext.P12. True photo copy of the request for such permission dated 13.4.2009. Ext.P13. True copy of the judgment in WP(c).No. 12784/2009 Ext.P14. True copy of the photograph of the newly built building of the 2nd petitioner and the photographs of the newly built building. Ext.P15. True photocopy of the Rough Sketch of the area Ext.P16. True copy of the photograph of Units and Construction in the neighbourhood. Ext.P17. True photocopy of the order dated 10.6.2009 of the 2nd respondent. // true copy // P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.24473 OF 2009(D) -------------------------------------------------- Dated this the 7th day of September, 2010 J U D G M E N T The issue raised in this writ petition is regarding the validity of Ext.P17, an order passed by the first respondent rejecting Ext.P12 application made by her for exemption from Zoning regulations. It is seen that during the pendency of this writ petition, based on Ext.P19 representation submitted by the petitioner, Secretary of the Corporation of Kollam has requested the first respondent for reconsideration of the request made by the petitioner, as per Ext.P20 communication. According to the petitioner, the matter is now pending consideration of the first respondent. 2. In that view of the matter, without expressing anything on the merits of the claim raised by the petitioner, this writ petition is disposed of directing the first respondent to consider Ext.P19 and pass appropriate orders in accordance with law. This shall be done as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :