IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 10187 of 2008(K) -------------------------- PETITIONER(S): ----------------------------------------- U.BASHEER, S/O. E.P.ALIKUTTY, AGED 48, MAYAN PLACE, CHALAPPURAM.P.O., CALICUT-673 002 BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT (B), THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SECRETARY, CORPORATION OF CALICUT. *ADDL.R4. CITY COMMISSIONER OF POLICE, KOZHIKKODE. *(SUO MOTU IMPLEADED ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 26/03/2008) ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R3 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10187/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE COMMUNICATION BEARING NO.E-1/98663/04 DATED 23/12/2004. P2 : COPY OF REPORT OF THE COMMISSIONER OF POLICE, KOZHIKODE DATED 04/04/2005. P3 : COPY OF THE REPORT OF THE DIG, JAILS (NORTH). P4 : COPY OF THE REPORT OF THE SUPERINTENDENT, DISTRICT JAIL, KOZHIKODE DATED 28/01/2005. P5 : COPY OF THE CERTIFICATE DATED 30/04/2005 ISSUED BY THE DIRECTOR, FIRE & RESCUE SERVICE, HQ, THIRUVANANTHAPURAM. P6 : COPY OF LETTER DATED 16/05/2005 ISSUED BY THE DISTRICT COLLECTOR. P7 : COPY FO THE PLAN SHOWING THE LIE OF THE PROPERTY. P8 : COPY OF THE APPEAL NO.1/2005 DATED 17/05/2005. P9 : COPY OF NOTICE DATED 05/10/2005 FROM the UNDER SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. P10 : COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HONOURABLE HOME MINISTER, KERALA. P11 : COPY OF THE COMMUNICATION BEARING NO.26308/B2/2005/HOME FROM THE UNDER SECRETARY, HOME (B) DEPARTMENT, GOVERNMENT OF KERALA. P12 : COPY OF THE JUDGMENT DATED 12/02/2008 IN WP(C) NO.1473/2008. RESPONDENT'S EXHIBITS R3(a) : COPY OF WRITTEN APPLICATION SUBMITTED BY THE PETITIONER DATED 09/04/2007. R3(b) : COPY OF LETTER NO.28115/RB.3/05/LSGD DATED 28/02/2008 OF THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10187 of 2008 (K) --------------------------------- Dated, this the 18th day of February, 2010 J U D G M E N T Challenge in the writ petition is against Exts.P6 & P11. 2. The petitioner submits that the petitioner and 3 others own 43.84 cents of land situated in survey No.R.S.693, Ward No.17, Block No.15 of Kozhikkode Taluk. It is stated that on 01/09/2004 the petitioner submitted an application to the 3rd respondent Corporation for a building permit to construct a multi storeyed building. On receipt of the application, the Corporation pointed out certain defects. One of the defect was non production of No Objection Certificate from the District Collector for the reason that District Jail was close to the site in question. 3. Thereupon, the petitioner made an application to the District Collector for a No Objection Certificate. On receipt of the application, the District Collector, called for reports from the Commissioner of Police, Deputy Inspector General of Police (North Zone) and Superintendent of Jail. In response, Exts.P2, P3 & P4 are the reports submitted by the aforesaid Officers. In these reports, all WP(C) No.10187/2008 -2- that they have stated is that the construction proposed by the petitioner is unlikely to cause any security threat to the District Jail, which is situated within the 85 metres of the plot in question. The matter was considered by the District Collector and the District Collector thereafter passed Ext.P6 order rejecting NOC applied for by the petitioner. 4. According to the District Collector, since the District Jail is situated within 85 metres from the plot, the building in question is likely to cause security threat to the Jail. Aggrieved by this order, the petitioner represented to the Government, which was considered and the Government also rejected the application by Ext.P11 order. It is in these circumstances, this writ petition has been filed. 5. As already seen, the materials available before the District Collector to pass orders on the application made by the petitioner for NOC were Exts.P2, P3 & P4. There is nothing adverse in these reports against the grant of NOC. Ext.P6 order passed by the District Collector also does not mention anything about any other material before him. Although, the learned Government Pleader, who obtained instructions in the matter, submits that the District Collector had inspected the site and that Ext.P6 reflects the WP(C) No.10187/2008 -3- conclusions arrived at by him during the course of such inspection, there is no mention of the inspection in Ext.P6 order. Therefore, Ext.P6 cannot be sustained. Consequently, Ext.P11 order also cannot be sustained. 6. Therefore, this writ petition is disposed of quashing Exts.P6 & P11 and directing the District Collector to reconsider the application made by the petitioner. The District Collector shall consider the application in the light of the reports already obtained and in the light of any further material, which he may consider appropriate to obtain and consider. Orders as above shall be passed as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. Needless to say that in case the District Collector eventually passes order granting NOC to the petitioner, the Corporation shall consider the application made by the petitioner on 01/09/2004 for building permit, in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg