IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 DBP.No. 65 of 2009() -------------------- PARTIES: -------------------- 1. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR. 3. METHALA PANCHAYAT, REP. BY ITS SECRETARY, METHALA, KODUNGALLOOR, THRISSUR DT. 4. THE SECRETARY, METHALA PANCHAYAT, METHALA, KODUNGALLOOR, THRISSUR DT. 5. THE CHIEF TOWN PLANNER, TOWN AND COUNTRY PLANNING DEPARTMENT,\ TRIVANDRUM. PARTY 1 BY ADV. SRI.C.E.UNNIKRISHNAN,SC FOR CDB PARTY 2&5 BY G.P. SRI.LAKSHMI NARAYAN PARTY 3&4 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- D. B. P. No. 65 OF 2009 -------------------------------------------- Dated this the 17th day of March, 2010 O R D E R Ramachandran Nair, J. Heard counsel appearing for the Cochin Devaswom Board, Amicus Curiae appearing for the Ombudsman and counsel appearing for the additional fourth respondent. Appropriate orders are sought for from this Court to the Methala Panchayath to number the Kalyana Mandapam constructed by the Cochin Devaswom Board at Thiruvanchikulam Temple. Counsel appearing for the Panchayath produced a copy of the letter dated 4.2.2010 issued by the Deputy Town Planner as objection for numbering the building. It is conceded position that construction of the building started prior to introduction of the Building Rules in the Panchayath area. Fire clearance itself is part of the Building Rules and when construction of the building was completed prior to the introduction of the Building Rules, the Panchayath or the Town Planner cannot insist for fire clearance. However, we make it clear that if the building has wide doors for the DBP 65/2009 2 public to escape in the event of threat of fire or the like, the same should be numbered. Since it is only a Kalyana Mandapam without carpet or fixtures, or wooden panel or any combustible materials, we direct the Panchayath to number the building within one week from the date of receipt of a copy of this order without insisting any fire clearance or clearance from the Town Planner. DBP is closed as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk