IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 1473 of 2008(A) ------------------------- PETITIONER: ------------ ABDUL KAREEM HAJI, S/O.ABDUL RAHIMAN, AGED 53 YEARS, CHERUVATT HOUSE, KUNNUMMAKKARA P.O., CHOMBALA, VADAKARA, KOZHIKODE. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME (B) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE COMMISSIONER OF POLICE, KOZHIKODE. 4. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY. BY ADV.SRI.P.V.KUNHIKRISHNAN, SC, KOZHIKODE CORP. GOVT.PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.1473 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT The third respondent has filed a detailed statement on the basis of the further inspection conducted by him. Paragraphs 4 and 5 of the statement will be conveniently quoted as follows: “ In the inspection at the proposed site of construction, it is found that the District Jail, Kozhikode is situated in the eastern side of the Taluk road and northern side of the jail road. The entrance of the District Jail is faced towards the jail road-Taluk road junction. The district jail is situated in a high place than the site of proposed building. The site is about 70 meters away from District Jail gate on the south-western side. On the northern side of the proposed site, the jail road is passing ( east-west). Between the proposed site and District Jail, there is another 9 storied building named Hotel Span. In order to find out the view from the terrace of the proposed building of the District Jail, if it is constructed, action has been taken to view the District Jail from the north-western WPC.No.1473/08 2 corner room on the 6th floor of the Hotel Span. The view is too narrow. There is not enough direct sight from that room. Moreover, on viewing District Jail from the top floor of the building situated on the western side of the proposed site, the view is further narrow. There is another 9 storied building ( Hi-lite Builders flat) situated about 200 meters away ( western side) from the district jail. Action has also be taken to conduct view of the jail from the top floor of the building. The view to District Jail from that building is very very less.” 2. It is stated by the third respondent that there is no threat to the security of the jail if a five storied building is constructed in the site earmaked for the construction by the petitioner. 3. I have heard the submissions of Sri.C.P.Mohammed Nias, learned counsel for the petitioner, Sri.P.V.Kunhikrishnan, learned standing counsel for the Corporation and also Sri.K.J.Mohammed Anzar, learned Government Pleader. 4. Having regard to the statement filed by the third respondent and the submissions addressed at the Bar, I am of the view that the Corporation is liable to be directed to consider WPC.No.1473/08 3 afresh the application of the petitioner for construction of a five storied building. Accordingly, I quash Exts.P8, P9, P10 and P12 and direct the Secretary of the Corporation to consider and pass fresh orders on the application for building permit by the petitioner in the light of paragraph 6 of the statement filed by the third respondent before this court. If the petitioner produces a copy of the statement filed by the third respondent along with a copy of this judgment before he Secretary of the Corporation, fresh orders shall be passed by the Secretary of the Corporation at the earliest and at any rate within three weeks of petitioner producing a copy of the statement filed by the third respondent. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.1473/08 4