IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 24423 of 2011(C) -------------------------- PETITIONER: --------------- S.SADASIVAN NAIR, EDISONS SIDHA VAIDYASALA, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. MR.P.B.SURESH KUMAR, SENIOR ADVOCATE RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THIRUVANANTHAPURAM CORPORATION, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. 5. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, JAYA MANSION, VAZHUTHACAUD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695010. 6. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY DIVISION, THIRUVANANTHAPURAM. ADV. MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R-4 MR.P.K.MANOJKUMAR FOR R-4 MR.K.A.JALEEL, SC., TRIDA FOR R5 GOVERNMENT PLEADER MR.P.JAYASANKAR FOR R1 TO R3 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24423 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOGRAPH OF THE PROPRTY OF THE PETITIONER AND ITS ADJACENT BUILDINGS DATED NIL. EXT.P2: NOTICE ISSUED BY THE TOWN PLANNING OFFICER OF THE CORPORATION DTD. 7.10.2009. EXT.P3: COMMUNICATION ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAYS DIVISION, THIRUVANANTHAPURAM DTD. 28.4.2010. EXT.P4: REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CORPORATION DTD. 25.5.2010. EXT.P5: COMMUNICATION ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGHWAY DIVISION, THIRUVANANTHAPURAM DTD. 1.3.2011. EXT.P6: COMMUNICATION GIVEN TO THE PETITIONER BY THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY DTD. 29.9.2010. EXT.P7: COMMUNICATION GIVEN TO THE petitioner BY THE CORPORATION DATED 29.3.2011. EXT.P8: COMMUNICATION ISSUED TO R3 BY THE CORPORATION DTD. 19.8.2010. EXT.P9: COMMUNICATION ISSUED BY R3 TO THE CORPOATION DTD. 28.1.2011. EXT.P10: DTP SCHEME OF KESAVADASAPURAM AREA SANCTIONED BY THE GOVERNMENT DATED NIL. EXT.P11: BUILDING PERMIT ISSUED BY THE CORPORATION DATED 12.6.2008. EXT.P12: COMMUNICATION ISSUED BY R3 TO THE CORPORATION IN CONNECTION WITH THE CONSTRUCTION OF THE BUILDING IN THE PROPERTY ADJACENT TO THE PROPERTY OF THE PETITIONER DATED 28.1.2011. EXT.P13: PROPERTY TAX ASSESSMENT RECEIPT ISSUED IN RESPECT OF THE BUILDING CONSTRUCTED PURSUANT TO EXT.P11 BUILDING PERMIT DTD. 29.3.2011. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.24423 Of 2011 ---------------------- Dated this the 16th day of November, 2011. J U D G M E N T The writ petition is filed seeking the following reliefs: i) To issue a writ of mandamus or any other appropriate writ, direction or order commanding the 4th respondent Corporation to forward the file relating to the application for building permit submitted by the petitioner as referred to in Ext.P2 notice to respondents 1 & 2 to enable the Government to consider and pass orders on the recommendation made by the 3rd respondent in Ext.P9 communication, within a time limit to be prescribed by this Court. ii) To issue a writ of mandamus or any other appropriate writ, direction or order commanding respondents 1 & 2 to consider and pass orders on the recommendation made by the 3rd respondent in Ext.P9 communication, preferably along with similar recommendations made by the 3rd respondent in the case of adjacent property owners, within a time limit to be prescribed by this Court, after affording to the petitioner and respondents 5 & 6 an opportunity of hearing. iii) To issue a writ of mandamus or any other appropriate writ, direction or order commanding the 4th respondent to take a final decision on the application for building permit submitted by the petitioner dated 25.8.2008 referred to in Ext.P2 notice, within a time limit to be prescribed by this Court. ::2:: W.P.(C).No.24423 Of 2011 2. On the basis of the facts and circumstances mentioned in the writ petition, the petitioner pointed out that it is beyond dispute that neither the Corporation nor the PWD nor the Trivandrum Development Authority has any idea to construct the proposed bus bay under the Detailed Town Planning Scheme. The petitioner submits that as per Ext.P10 DTP Scheme, the construction of the bus-bay is not a requirement made obligatory by law and as such the Government is empowered to modify the Detailed Town Planning Scheme by excluding the proposed bus- bay so as to enable the petitioner to construct the proposed building for which he had submitted application. 3. The petitioner submits that he submitted application for building permit in August, 2008 and that the 4th respondent Corporation is yet to take final decision in the matter. It is pointed out that even though the 4th respondent directed the 3rd respondent to forward Ext.P9 communication dated 21.1.2011 for considering the application for building permit submitted by the petitioner, the file is still not forwarded to the Government. The petitioner submits that the delay on the part of the Corporation in ::3:: W.P.(C).No.24423 Of 2011 forwarding the application of the petitioner is causing severe hardship to him. In the aforesaid facts and circumstances, the writ petition is disposed of directing the 4th respondent Corporation to forward the file relating to the application for building permit submitted by the petitioner to the Government, within a period of two weeks from the date of receipt of a copy of this judgment, so as to enable the Government to pass appropriate orders on the recommendation made by the Town Planner in Ext.P9 communication. The Government shall pass appropriate orders within a period of two months from the date of receipt of the file of the petitioner. There will be a direction to the 4th respondent to consider the building permit application and pass appropriate orders, subject to the decision of the Government to be taken in this regard, within a period of one months from the date of receipt of the decision taken by the Government. HARUN-UL-RASHID, Judge. bkn/-