IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33956 of 2009(L) -------------------------- PETITIONER(S): --------------- THOMAS K.C., S/O.AMMED T.K., AGED 38 YEARS, THORAKKILERI THAZHE KUNIYIL, VAKAYAD, VIA NADUVANNUR, THRIKUTTISSERRY AMSOM, VAKAYAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT BY ADV. SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN RESPONDENT(S): --------------- 1. THE SECRETARY, CHENGOTTUKAVU GRAMA PANCHAYATH, EDAKKULAM P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673 306. 2. SRI.ASHRAF, S/O.KOYALI, VALAPPIL MOONNU KUDIKAL, EDAKKULAM P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673 306. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 33956 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2009 J U D G M E N T Notice to the respondents dispensed with preserving his rights for re-hearing of the matter, if aggrieved. 2. The petitioner placed application for regularisation of a construction commenced and completed unauthorizedly. He says that he is entitled to the benefit of Rule 143. A plain reading of the Rule 143 of KMBR shows that any person can commence construction of a building without applying for, or obtaining a building permit and then he can apply for regularisation of that construction. All that has to be ensured is that the building is constructed in accordance with Rules. Rule 143 of KMBR as it now stands essentially would put Rules 7 and 15 of KMBR to shame in public eye. I say this is because Rule 7 contemplates an application for building permit and it contains prohibition of the construction without permit. Rule 15 provides for intervention of Council of a Municipality, when the secretary does not act in time. A deeming provision comes into operation. But a person who is WPC.33956 of 2009 : 2 : aware of Rule 143 need not be come to the circuitous measures of Rule 7 and 15, because the Rule making authorities have themselves, in their wisdom, ensured that any construction done without applying for or obtaining permit, but in accordance with KMBR, could be regularized under Rule 143. It is like a bye-pass through the entangled confusions of rules and red tape. All that is required, is that the citizen should be shrewd to know the bye-pass. 3. Having regard to the fact, that the petitioner has placed an application for regularization of the unauthorised construction made by him and in view of the Rule 143 as it now stands, the first respondent is directed to take up Ext.P14 and decide on it in accordance with law. It is clarified that this judgment does not give any direction that Ext.P14 shall be allowed. Let Ext.P14 be considered and order issued within a period of 45 days from the date of receipt of a copy of this judgment. ( THOTTATHIL B RADHAKRISHNAN, JUDGE) jma