IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 28450 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- SAM SUJENDRA KUMAR, S/O. DAVIS, AGE 44 YEARS, S.P.COTTAGE, RAMESWARAM WARD AMARAVILA NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): ------------------------- 1. CORPORATION OF THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 2. SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDINGS, THIRUVANANTAPURAM. 3. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, REP. BY ITS SECRETARY. R1 & R2 BY SRI.N.NANDAKUMARA MENON (SR. ADVOCATE), SRI. P.K.MANOJ KUMAR R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28450/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAN. P2:- COPY OF THE WRITTEN REQUEST DTD. 13.2.08 SUBMITTED BY PETITIONER BEFORE THE COUNCIL OF PETITIONER. P4:- COPY OF THE APPEAL NO.173/2008 FILED BEFORE THE LOCAL SELF GOVERNMENT INSTITUTIONS. P5:- COPY OF THE ORDER DTD. 13.6.2008 OF THE LOCAL SELF GOVERNMENT INSTITUTIONS. P6:- COPY OF THE PETITION FILED BY 2ND RESPONDENT DTD. 18.9.2008 BY THE 2ND RESPONDENT BEFORE THE SECRETARY OF THE PETITIONER. P7:- COPY OF THE COMPLAINT DTD. 27.9.2008 FILED BY THE PETITIONER, BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS. P8:- COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT. P9:- COPY OF THE SHOW CAUSE NOTICE DT. 6.10.2008 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. P10:- COPY OF THE REPLY TO THE SHOW CAUSE NOTICE SENT BY THE PETITIONER DTD. 27.10.2008. P11:- COPY OF THE APPEAL 578/08 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTAPURAM. P12:- COPY OF THE OBJECTION FILED BY THE IST RESPONDENT. P13:- COPY OF THE ORDER DTD. 6.12.08 IN APPEAL NO.578/2008 OF THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTAPURAM. P14:- COPY OF THE MINUTES OF THE THIRUVANANTAPURAM DEVELOPMENT AUTHORITY DTD. 17.10.1987. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.28450 of 2009 --------------------------------- DATED THIS THE 1ST DAY OF JUNE, 2010 JUDGMENT This writ petition is one filed seeking for issuance of a writ of mandamus or a direction to the respondents to receive the fees as per Rules and approve the originals of Exhibits P1 and P2 submitted by the petitioner before respondents 2 and 3 to construct a double storeyed building. 2. The petitioner herein was the 2nd respondent in W.P. (C)No.36957/08 wherein an order passed by the Tribunal for Local Self Government Institutions holding the view that the petitioner is having the deemed licence has been upheld by this Court. The petitioner, therefore, seeks for a direction to approve the plan for enabling the petitioner to construct the building for which the deemed licence have been recognised by the Tribunal and by this Court. 3. The necessary facts for the disposal of the Writ Petition are the following: 4. The petitioner and his wife are the absolute owners in possession of 43 cents of land in Sy.No.436 of Peroorkada Village W.P.(C)No.28450/09 -2- within the limits of the Thiruvananthapuram Corporation. The permit was sought for constructing a two storeyed building. Even though the application for permit was thus approved, later another application for a nine storeyed building was submitted before the 1st respondent, to utilise the entire potential of the property. As per the revised plan submitted by the petitioner, the first five floors are proposed to be constructed as commercial buildings and the remaining four floors as residential flats. This was submitted on 4.1.2008. 5. The inaction on the part of the Corporation in not granting permit to the petitioner resulted in the petitioner approaching the Tribunal and the Tribunal passed an order dated 13.6.2008, Ext.P5 wherein it was held that the petitioner is entitled for a deemed permit as per the provisions contained in Section 392(2) of the Municipalities Act. Thereafter, Exhibit P6 application was submitted by the petitioner before the 2nd respondent requesting him to receive the plan fees for approving the plan produced as Exhibits P1 and P2. 6. It appears that the petitioner moved the Ombudsman for Local Self Government Institution also as the Corporation was W.P.(C)No.28450/09 -3- not responding to the application. 7. The learned Senior Counsel appearing for the Corporation submitted that it is upto the Corporation to take a decision on the plans submitted and various procedures provided under Rules will have to be undertaken in the matter. Now that the Tribunal's order has been upheld by this Court in W.P.(C) No.36957/08, the Corporation is bound to take appropriate follow up action based on the application submitted by the petitioner in terms of the Kerala Municipality Act, 1994 and the Rules in question, viz, Kerala Municipalities Building Rules. 8. Therefore, appropriate action will be taken in terms of the request Exhibit P6 as well as the plans produced, i.e., originals of Exhibits P1 and P2 within a period of one month from the date of receipt of a copy of this judgment. The decision thereon will be communicated to the petitioner. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn