IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 14370 of 2008(I) -------------------------------------- PETITIONER: ------------------- APPLE A DAY PROPERITES PRIVATE LIMITED, APPLE TOWER, PALARIVATTOM-EDAPPALLY BYE PASS ROAD, EDAPPALLY P.O, KOCHI-682 024,ERNAKULAM DISTRICT, REP.BY K.A.SAJU,MANAGING DIRECTOR. BY ADV. SRI.G.SHRIKUMAR, SRI.SREEJITH S.NAIR, SRI.JOJO GEORGE, SRI.NIDHI SAM JOHNS. RESPONDENT: ---------------------- ELOOR GRAMA PANCHAYAT,UDYOGAMANDAL- 683 501,REP.BY ITS SECRETARY. BY ADV. SRI.S.SHANAVAS KHAN - R1, ADV. SMT.S.INDU - R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14370/2008: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION FOR PERMIT DTD. 25/03/2007 SUBMITTED BY V.S. MATHEW AND KOCHUTHRESSIA. EXT.P.2: COPY OF THE LETTER DTD. 10/05/2007 ISSUED BY LAND OWNERS V.S. MATHEW AND KOCHUTHRESSIA TO THE RESPONDENT. EXT.P.3: COPY OF THE PLAN SUBMITTED BY THE LAND OWNERS V.S. MATHEW AND KOCHUTHRESSIA TO THE RESPONDENT. EXT.P.4: COPY OF THE SAID BUILDING PERMIT NO. BA 210/07-08 DTD. 18/10/2007 ISSUED BY THE RESPONDENT. EXT.P.5: COPY OF THE COVERING LETTER DTD. 27/03/2007 ISSUED BY THE RESPONDENT TO THE DIRECTOR, FIRE & RESCUE SERVICES. EXT.P.6: COPY OF THE COVERING LETTER DTD. 27/03/2007 ISSUED BY THE RESPONDENT TO THE FLAG OFFICER, COMMANDING IN CHIEF, SOUTHERN NAVAL COMMAND. EXT.P.7: COPY OF THE COVERING LETTER DTD. 27/03/2007 ISSUED BY THE RESPONDENT TO AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA. EXT.P.8: COPY OF THE COVERING LETTER DTD. 27/03/2007 ISSUED BY THE RESPONDENT TO CHIEF ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD. EXT.P.9: COPY OF THE NO OBJECTION CERTIFICATE DTD.1 0/03/2008 ISSUED BY THE FIRE & RESCUE SERVICES DEPARTMENT. EXT.P.10: COPY OF THE LETTER DTD. 03/03/2008 ISSUED BY THE GENERAL MANAGER (ATM-SR), AIRPORTS AUTHORITY OF INDIA, SOUTHERN REGION, CHENNAI, TO THE EXECUTIVE DIRECTOR, NEW DELHI. RESPONDENT'S EXHIBIT: EXT.R1.A: COPY OF THE LETTER DTD. 11/05/07 ISSUED BY THIS RESPONDENT TO SHRI. V.S. MATHEW AND PETITIONER. //TRUE COPY// prv. ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 14370 of 2008-I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 21st day of May, 2008 J U D G M E N T Petitioner applied for a building permit for a multi-storeyed having 25 floors. The application was considered by the respondent Panchayat and Ext.P4 building permit was granted permitting only 15 floors. Ext.P4 is under challenge in this writ petition. 2. A counter affidavit has been filed by the Panchayat in which in paragraphs 7 and 8 it is stated as follows:- “7. The Panchayat permitted the petitioner to construct only 16 floors on the basis of G.O.(M.S) No.143/07/LSGD dated 31/05/2007, dealing with the modification and varying of structural plan in Cochin area by which the permitted FAR is two. But the aforesaid notification has no retrospective effect and it came into effect from 01/06/2007. Since the application for construction was made on 25/03/2007 the Panchayat has no objection in permitting the petitioner to construct their residential apartment upto 25 floors. As per Table II of Rule 31 of Kerala Muncipality Building Rules the permissible FAR is three and Panchayat can allow construction upto four i.e.3+1 by collecting compounding fee of Rs.1000/- per Sq.metre for the additional FAR. 8. It is submitted that the Panchayat has not caused any delay in the matter of issue of building permit. The Panchayat has taken all steps on the W.P.(C).No.14370/2008-I -: 2 :- application in time. As and when the NOC/Clearance Certificates are produced in the Panchayat from the Airport Authority of Indian, Pollution Control Board, and the Southern Naval Command, the Panchayat shall issue permit as per Ext.P1 application for 25 floors.” In view of the above, recording the above submission made by the Panchayat in its counter affidavit, this writ petition is disposed of. ANTONY DOMINIC, Judge ms