IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 16271 of 2008(K) -------------------------- PETITIONER: ------------ A.AJITH KUMAR, MANAGING PARTNER, M/S. AMMA, POOJAPPURA, THIRUVANNTHAPURAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.BABY JOSE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 4. THE TOWN PLANNER, DISTRICT OFFICE, TOWN AND COUNTRY PLANNING DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) FOR R2 & 3 SRI.P.K.MANOJKUMAR FOR R2 & 3 GOVERNMENT PLEADER SHRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16271 of 2008 ================== Dated this the 12th day of August, 2008 J U D G M E N T The petitioner was granted Ext.P2 exemption from a zoning regulation of the sanctioned and revised master plan for Trivandrum, subject to conditions for construction of certain buildings. By Ext.P6 order, the same has been cancelled. The petitioner, therefore, seeks the following reliefs: “i) to issue a writ of certiorari or any other appropriate writ or order quashing Ext.P5 notice and Ext.P6 order in so far as it cancelled Ext.P2 order. ii) to issue a writ of mandamus or any other appropriate writ or order directing the respondents 2 and 3 to grant occupancy certificate and number the building constructed by the petitioner under Ext.P2 G.O. and Ext.P3 permit at once; iii) to issue a writ of mandamus or any other appropriate writ or order directing the respondents to regularize the construction of the building under Ext.P2 and P3 in view of the variation of Town Planning Scheme effected in Ext.P7 and grant occupancy certificate and number of the building. iv) to issue a writ of mandamus or any other appropriate writ or order directing respondents 2 and 3 to grant occupancy certificate and number the building provisionally.” 2. A counter affidavit has been filed by the 4th respondent, in which, in paragraph 5, it is stated thus: “5. It is therefore respectfully submitted that it is for the petitioner's [sic.] to make an application before the Trivandrum Corporation and to forward it to the District Town Planner by the Trivandrum Corporation for concurrence as indicated in G.O(Ms.). No.144/07/LSGD dtd. 31.5.07. After getting the concurrence from the District Town Planner, Trivandrum Corporation has to further verify that the other provisions of the KMBR 1999 are also complied with and accordingly the Corporation can regularize the construction if all the conditions are duly satisfied. It is respectfully submitted that the Writ Petition may be disposed of accordingly.” 2 In view of the above statement, it is admitted by all parties that if the petitioner files an application before the Trivandrum Corporation, the same would be forwarded to the District Town Planner, who can pass appropriate orders in the matter. The learned counsel for the petitioner submits that the petitioner has already submitted an application before the Trivandrum Corporation, but he same is not being forwarded to the District Town Planner because of the pendency of this writ petition. 3. In the above circumstances, I dispose of this writ petition with the following directions: The 2nd respondent shall forward the application stated to have been submitted by the petitioner to the 4th respondent- District Town Planner, within two weeks from the date of receipt of a certified copy of this judgment. The 4th respondent shall thereafter pass orders on the application submitted by the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of the application from the 2nd respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3