IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 25295 of 2007(J) -------------------------- PETITIONER: ------------ 1. P.A. HAMSALAH MOHAMMED, AGED 36 YEARS, S/O. ABDUL WAHAB (LATE), RESIDING AT POOMANNIL SAL SABIL, KULASEKHARAPATHY, PATHANAMTHITTA. 2. SINISHA SALAH, W/O. P.A. HAMSALAH MOHAMMED, RESIDING AT POOMANNIL SAL SABIL, KULASEKHARAPATHY, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- 1. THE PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PATHANAMTHITTA. BY SHRI. P.P.THAJUDEEN, SC, KSEB SHRI.V.K.SUNIL, SC, PATHANAMTHITTA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 25295 of 2007 --------------------------------- Dated, this the 20th day of February, 2008 J U D G M E N T The petitioners are husband and wife. The first petitioner, who is an advocate by profession, is having his law office in the room, which is subject matter of this writ petition. The grievance voiced by the petitioners is that the 1 st respondent Municipality is not prepared to issue an occupancy certificate in respect of the room on the reason that parking area in the ground floor has been converted as rooms. The Municipality is insisting that the rooms unauthorisedly constructed in the parking area in the ground floor should be demolished and the rear yard, which is mandatorily necessary for the building, should be provided before the Municipality considers the petitioner's request for issuance of occupancy certificate. According to the petitioners, it is very unfair and unjust on the part of the Municipality in not initiating steps for demolishing the rooms unauthorisedly put up in the parking area and the structures which presently exist on the portion, which was otherwise earmarked for the rear yard, and at the same time in refusing to issue an occupancy certificate to the petitioner's room which is in the 1 st floor. For want of occupancy certificate the WP(C) No. 25295/2007 -2- petitioners are unable to get even electricity supply to the rooms, without which it is extremely difficult to practise the 1 st petitioner's profession. The situation is working out hardship to the clients also, who are citizens of the Municipality. 2. I have heard the submissions of Shri.S.Shanavas Khan, learned counsel for the petitioners and Shri.V.K.Sunil, learned standing counsel for the Municipality. The submission of the petitioners, that it may not be possible for the petitioners who own only one room in the first floor of the building to demolish the unauthorised constructions in the ground floor or to provide the statutory rear yard, should be accepted. It is for the Municipality to take appropriate steps to see that the rooms which have been unauthorisedly put up in the parking area are removed and that the rear yard is restored. I direct the Municipality to take necessary steps for demolishing the rooms which have been unauthorisedly constructed in the area earmarked as parking area and any other unauthorised constructions existing in the premises and also to restore the rear yard. Necessary action will be initiated by the Municipality and action initiated will be completed within a period of six months. It is needless to mention that any action for demolition WP(C) No. 25295/2007 -3- of any existing constructions shall be in accordance with law and with notice to the persons having interest including actual possession over the constructions. 3. In the meanwhile, considering the urgency of the situation from the 1 st petitioner's point of view, there will be an interim order directing the 1 st respondent Municipality to assign a regular door number to the room occupied by the 1 st petitioner for his law office and to issue an occupancy certificate so that respondents 3 & 4 will consider the 1 st petitioner's request for electricity connection. It is however, made clear that assignment of regular door number and issuance of occupancy certificate is subject to the condition of the Municipality complying with the directions aforementioned. The Municipality will comply with the directions which are issued in favour of the petitioners at the earliest, at any rate, within a period of three weeks of petitioner producing a copy of this judgment. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg