IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 25763 of 2010(U) -------------------------- PETITIONER(S): --------------- 1. BINDU JOSEPH,W/O.JOSEPH, RESIDING AT CHETTUPUZHA VEEDU,IYYATTIL HOSPITAL JUNCTION, KOCHI-682016. 2. BEENA THOMAS,W/O.THOMAS,RESIDING AT PATTARA PUTHEN VEEDU,MUHAMMA,ALAPPUZHA. (THE PETITIONERS ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER A.V.JOSE,S/O.PUDUSSERY ALUKKA VARGHESE,RESIDING AT ALUKKA HOUSE,ARISTO ROAD, THRISSUR). BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP SRI.P.V.BENNYKUMAR RESPONDENT(S): --------------- 1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,CORPORATION OFFICE, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM,CORPORATION OFFICE,THIRUVANANTHAPURAM-695001. 3. THE HEALTH INSPECTOR,OFFICE OF THE HEALTH INSPECTOR,CORPORATION OFFICE,CHALAI CIRCLE, THIRUVANANTHAPURAM-695001. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R1TO3 SRI.P.K.MANOJKUMAR FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25763 of 2010(U) APPENDIX EXT.P1: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MANACAUD DATED 17.7.2010. EXT.P2: TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE FIRST RESPONDENT DATED 26.5.2004. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 7.6.2010. EXT.P4: TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 24.7.2010. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 4.8.2010. TKS C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.25763 of 2010 ---------------------------- Dated 31st January, 2011 JUDGMENT The petitioners are owners in possession of a commercial complex comprising seven floors at Manacaud in Thiruvananthapuram. For the purpose of constructing the said commercial complex Ext.P2 building permit was granted to the petitioners. According to the petitioners, pursuant to the receipt of Ext.P2 they have effected its construction strictly in terms of the conditions in Ext.P2. Thereafter, they have submitted an application for occupancy certificate. At that point of time, it was found out that the validity of Ext.P2 building permit had expired. It is contended that it could not be renewed in time on account of oversight. In fact, the petitioners have submitted Ext.P3 before the 2nd respondent for renewal of the building permit and to grant occupancy certificate. In the meanwhile, the petitioners were served with Ext.P4 notice carrying a warning of prosecution for having conducted trade without licence. On receipt of Ext.P4 notice, the petitioners have submitted Ext.P5 representation before the first respondent. 2. When this matter came up for admission on 16.8.2010, this Court passed an interim order staying all further coercive WP(C).No.25763/2010 2 proceedings pursuant to Ext.P4 and all steps for demolition of the commercial complex building covered by Ext.P2 building permit for a period of two months. The said order was extended from time to time and it is still in force. 3. I have heard the learned senior counsel appearing for the petitioners and also the learned senior counsel appearing for the first respondent. Admittedly, Exts.P3 and P5 are pending before the first respondent for consideration. In view of the said position, I am of the view that there is no need to consider the rival contentions raised in this writ petition, on merits at this stage. Indisputably, the first respondent is competent to consider and pass orders on Exts.P3 and P5. Therefore, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Exts.P3 and P5, in accordance with law, expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment. Till orders are passed in terms of this judgment, the interim order passed by this Court on 16.8.2010 shall remain in force. Sd/- C.T.RAVIKUMAR Judge TKS