IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 15620 of 2011(B) ---------------------------------- PETITIONER(S): ------------------- KALARIKKAL BASHEER, AGED 55 YEARS, S/O. LATE ABUBACKER, GANDHI ROAD, KOZHIKODE. BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): -------------------- 1. KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE - 673032, REPRESENTED BY THE SECRETARY. 2. THE DIVISIONAL RAILWAY MANAGER/WORKS/PALAGHAT, DIVISIONAL OFFICE, WORKS BRANCH, PALAGHAT - 672 014. 3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI - 600 088. R-1BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION R2-R3BY ADV. SRI.MUHAMMED SHAFI.M,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15620/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPORT OF BRIEF SPECIFICATION AND AREA SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P2: COPY OF THE REPLY BEARING NO.J/W.280/NOC/16/281/11 DATED 04/02/2011 ISSUED TO THE 2ND RESPONDENT IST RESPONDENT. P3: COPY OF THE RECEIPT NO.787909 DATED 04/02/2011 RECEIVED BY THE PETITIONER FROM THE CASHIER OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 15620 of 2011 --------------------------------------- Dated this the 21 st day of July 2011. JUDGMENT This writ petition is filed seeking a direction directing the 2nd respondent to submit to the first respondent forthwith its response to the consultation letter No.TPI/90107/10 dated 13.1.2011 issued by the first respondent to the 2nd respondent regarding the building permit sought by the petitioner from the first respondent. 2. Learned counsel for the petitioner submits that before granting permission to construct building, consultation has to be carried out with the 2nd respondent. This requirement under Rule 7 (6) of the Kerala Municipality Building Rules, 1999 was complied with by the first respondent by issuing Ext.P2 communication dated 13.1.2011. Petitioner is aggrieved by the inordinate delay occasioned in the matter in forwarding the response of the 2nd respondent to the first respondent. Petitioner's property lies within a distance of 30 W.P.(C) No.15620 of 2011 2 metres of the railway land boundary, therefore, as per the provisions of the Kerala Municipality Building Rules 1999, the Municipality has to consult the Railway Authority before granting permission for construction. Rule 7(6) of the Kerala Municipality Building Rules mandates such consultation. The first respondent issued Letter No. TPI/90107/10 dated 13.1.2011 addressed to the 2nd respondent as early as in January 2011. So far the 2nd respondent has not responded to the said letter. The grievance of the petitioner is that the delay in issuance of the building permit causes severe hardship to him. Consideration of the building permit application is delayed for the sole reason that the first respondent have not received any response from the 2nd respondent till date. According to the petitioner, there is no justification for the 2nd respondent in not sending the final decision in reply to the consultation letter issued by the first respondent. 3. The respondents filed separate statements. In the joint statement filed by the respondents 2 and 3, it is admitted that the W.P.(C) No.15620 of 2011 3 2nd respondent received a communication from the first respondent. It is also stated that some unexpected delay has occasioned for processing the application for issuing 'No Objection Certificate'. It is further stated that the matter is under consideration of the Department and the final decision will be sent within a short period. 4. Learned counsel for the petitioner submits that application for building permit is submitted in 2010 and the first respondent forwarded the communication dated 13.1.2011 for no objection certificate. In the statement filed by respondents 2 & 3 it is admitted that they have received the said communication on 21.1.2011. For whatever reasons, there is no justification for delaying the matter further. Though the application is pending consideration for the last more than 7 months, no decision was taken for the sole reason that the Corporation has not obtained the no objection certificate from the 2nd respondent. There is no justification for the inordinate delay. W.P.(C) No.15620 of 2011 4 5. In the circumstances, a direction is issued to the 2nd respondent to forward the final decision in reply to the consultation letter No.TPI/90107/10 dated 13.1.2011 issued by the first respondent within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al