IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 36207 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------- JEWEL HOMES (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR-P.A.JIHAS, CASAGRANTE BUILDING, KALOOR, KOCHI-682 017. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE BY ADVS. SRI.P.P.RAMACHANDRAN SMT.RAMEENA.P.K. SRI.T.U.ZIYAD SRI.V.V.ASOKAN RESPONDENT(S): ------------------------- 1. KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM. 2. SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. 3. M.MADHU, S/O.MADHAVAN, PUTHENPURACKAL, NAGAMPADAM, KOTTAYAM DISTRICT. R1 & R2 BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E). R3 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36207/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DTD. 20.11.2007. P2:- COPY OF THE RECEIPT EVIDENCING PAYMENT OF PERMIT FEE DTD. 22.11.2007. P3:- COPY OF THE SITE PLAN OF THE PROPERTY ILLUSTRATING THE ROADS LEADING TO THE SITE DT. NIL. P4:- COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DTD. 5.1.2008. P4(a):- COPY OF THE REPLY GIVEN BY THE LAND OWNERS DTD. 11.1.2008. P5:- COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 23.1.2008. P6:- COPY OF THE JUDGMENT ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.69/2008 DTD. 4.4.2008. P7:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.14826/08 DTD. 29.5.2008. P8:- COPY OF THE ORDER OF THE TRIBUNAL IN APPEAL NO.69/08 DTD. 7.8.08. P9:- COPY OF THE COMPLAINT FILED BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 9.9.08. P9(a):- COPY OF THE NOTICE ISSUED BY THE OMBUDSMAN DTD. 28.1.2009. P10:- COPY OF THE ORDER OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 13.2.2009. P11:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 2.3.2009. P12:- COPY OF THE ORDER ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM IN APPEAL NO.239/2009 DTD. 6.5.2009. P13:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 28.7.2009. P14:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.6455/09 DTD. 14.8.2009. P15:- COPY OF THE ORDER OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 7.3.2009. P16:- COPY OF THE LETTER OF THE PETITIONER DTD. 22.8.2009. P17:- COPY OF THE REMINDER SENT BY THE PETITIONER DTD. 29.9.09. W.P.(C) NO.36207/2009 P18:- COPY OF THE NO OBJECTION CERTIFICATE FROM THE COMMANDANT GENERAL, FIRE AND RESCUE SERVICES HEAD QUARTERS, THIRUVANANTHAPURAM DTD. 20.9.2007. P18(a):- COPY OF THE CONSENT FROM KERALA STATE POLLUTION CONTROL BOARD 16.8.2008. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36207 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2010. JUDGMENT The petitioner herein is the assignee of 42 cents of land comprised in R.S. No.5 and 34 of Muttambalam Village, Kottayam Taluk, along with a building permit, Ext.P1. Aggrieved by the stop memo issued by the Municipality produced as Ext.P13, this writ petition has been filed. 2. Heard learned Senior Counsel for the petitioner Shri V. Chitambaresh and Shri Siby Mathew, learned Standing Counsel appearing for the Municipality. 3. Learned Senior Counsel appearing for the petitioner submitted that Ext.P13 was issued in the light of an order passed by the Ombudsman for Local Self Government Institutions and during the pendency of W.P.(C) No.6455/2009 before this Court. It is submitted that both these proceedings have attained a finality. It is further pointed out that as per Ext.P18, a No Objection Certificate has been issued by the Fire and Rescue Services Department and Ext.P18(a) is the “consent to establish” issued by the Kerala State Pollution Control Board. 4. The petitioner has already filed Exts.P16 and P17 explanations wpc 36207/2009 2 before the Secretary of the Municipality. Therefore, it is prayed that respondents 1 and 2 may be directed to take an appropriate decision after considering the objections raised by the petitioner along with Exts.P18 and P18(a) certificates. 5. Therefore, the writ petition is disposed of with a direction to respondents 1 and 2 to finalise the proceedings after considering the various aspects pointed out by the petitioner including the culmination of the proceedings before the Ombudsman and the disposal of the writ petition and after considering the various materials produced by the petitioner including Exts.P18 and P18(a). Final orders shall be passed within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner and the third respondent. No costs. (T.R. Ramachandran Nair, Judge.) kav/