IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25959 of 2009(L) ------------------------------------- PETITIONER(S): ------------------------ 1. JACOB MATHEW,CHENGINIMATTAM HOUSE, CHALAKUDY,REP.BY POWER OF ATTORNEY HOLDER ELSY MATHAI,AGED 54 YEARS,W/O.MATHAI,CHENGINIMATTOM HOUSE,MOODAPUZHA,CHALAKUDY. 2. JOHN MATHAI,CHENGINIMATTAM HOUSE, CHALAKUDY REP.BY POWER OF ATTORNY HOLDER, ELSY,W/O.MATHAI,CHENGINIMATTAM HOUSE,AGED 54 YEARS CHALAKUDY. BY ADVS.MR.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- CHALAKUDY MUNICIPALITY REP.BY ITS SECRETARY,MUNICIPAL OFFICE,CHALAKKUDY. BY MR.M.P.ASOK KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25959 of 2009-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of September, 2009. JUDGMENT Petitioners obtained a building permit for running a hotel. On construction of the building, it was found that in the meanwhile, developmental activities had taken place resulting in a bypass and a fly over which had considerably reduced the commercial interest of the petitioners to have the hotel. They want this Court to issue a direction to the municipality to permit them to conduct any business of their choice. There cannot be any such direction. This is simply because the petitioners have to first specify the nature of the business that they intend to hold and then apply for appropriate licence for conversion of the user and for other licences in terms of the D & O Rules or under other law that may be applicable. Without any specificity WPC25959/09 -: 2 :- regarding the need, it is not possible to compel the municipality to issue any omnibus order permitting the petitioners to change the user of whatever they like. The objection stated in this regard by the learned counsel for the municipality is sustainable. Taking into consideration the aforesaid facts, this writ petition is ordered directing that if the petitioners make a specific application in terms of law for conversion of the user under D & O Rules/any other relevant and applicable provisions, the municipality will do the needful in terms of law without delay. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/220909