IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 23172 of 2007(H) -------------------------- PETITIONER(S): --------------- RENUKA SURESH, AGED 45 YEARS, ANAND, C-29/2451, MECHERI ROAD, POONITHURA, PETTAH, TRIPUNITHURA, KOCHI-682 038, REPRESENTED BY POWER HOLDER K.G.SURESH, AGED 49 YEARS, S/O.GOPINATH, R/AT ANAND, C-29/2451, MECHERIL ROAD POONITHURA, KOCHI-38. BY ADV. SRI.V.M.KURIAN MATHEW B.KURIAN K.T.THOMAS RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MARADU (SPECIAL GRADE) GRAMA PANCHAYATH, MARADU P.O. KOCHI-682 304, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, MARADU(SPECIAL GRADE) GRAMA PANCHAYATH, MARADU P.O., KOCHI-682 304. ADV. SRI.S.CHANDRASENAN FOR R2 & R3 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23172 of 2007 (H) --------------------------------- Dated, this the 18th day of February, 2010 J U D G M E N T Exts.P2 & P3 building permits were issued to the petitioner approving the plan submitted for construction of a building with eight floors. Accordingly, construction work commenced and meanwhile Ext.P4 communication was issued by the 1st respondent directing the 3rd respondent to revoke the building permits issued to the buildings included in the list of buildings mentioned therein. Acting upon Ext.P4 and without anything more, the 3rd respondent issued Ext.P5 notice calling upon the petitioner to show cause why steps under Rule 16 of the Kerala Municipality Building Rules for cancellation of the building permit shall not be initiated. It was thereupon that this writ petition was filed challenging Ext.P5. 2. This writ petition was filed mainly on the contention that Ext.P5 was issued not on any of the grounds available under Rule 16 of the Building Rules but entirely acting upon Ext.P4 communication issued by the 1st respondent. However, during the pendency of the WP(C) No.23172/2007 -2- writ petition, construction continued and on completion thereof, the petitioner applied for numbering of the building. Thereupon, the Engineer of the Local Self Government Department inspected the building and submitted his report. However, in Ext.P8 order passed by the 3rd respondent on 17/03/2009, after stating that, as per the report submitted by the Engineer, the building has been constructed fully in compliance with the provisions of the Kerala Municipality Building Rules, he refused to assign number to the building on the ground that this writ petition is pending. Thereupon, the petitioner filed I.A.No.5257/2009 and by order dated 21/04/2009, this Court directed the 3rd respondent to number the building. 3. Thus, on the strength of the building permit, building has been constructed and has been numbered also. Therefore, there arise no question of further proceedings with Ext.P5 notice issued under Rule 16 of the Kerala Municipality Building Rules at this distance of time. Be that as it may, if the authorities are satisfied that in the grant of permit any irregularity has been committed by any one of the Officers, it is up to the authorities to take appropriate action in WP(C) No.23172/2007 -3- the matter, and this judgment will not stand in the way of any such proceedings. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg