IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 37844 of 2010(E) ---------------------------------------- PETITIONER(S): ------------------------ 1. P.A.JIHAS, MANAGING DIRECTOR, JEWEL HOMES (P) LTD., TRIO CHAMBERS, KANJIKUZHY P.O., KANJIKUZHY, KOTTAYAM - 686 002. 2. JEWEL HOMES (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, P.A.JIHAS, TRIO CHAMBERS, KANJIKUZHY P.O., KANJIKUZHY, KOTTAYAM - 686 002. BY ADV.SRI.T.U.ZIYAD SMT.RAMEENA.P.K. SMT.C.B.ANUROOPA RESPONDENT(S): ---------------------------- 1. KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM – 686 001. 2. SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM – 686 001. 3. K.THOMAS CHERIYAN, AGED 51 YEARS, S/O.K.C.CHERIYAN, VATTAKUNNEL KIZHAKETHIL, COLLECTORATE P.O., KOTTAYAM – 686 002. R1 & R2 BY ADV. SRI.SIBY MATHEW ,SC SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) R3 BY ADV.SRI.LIJI.J.VADAKEDOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.37844/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOCUMENT BEARING NO.3271/2006 OF SRO, KOTTAYAM ADDITIONAL. P2 COPY OF THE BUILDING PERMIT DATED 19/2/2007 ISSUED BY THE 2ND RESPONDENT. P3 COPY OF THE JUDGEMENT IN WP(C)NO.16969/2010 PASSED BY THIS HON'BLE COURT. P4 COPY OF THE MEMO NO.PW7/BA/327/06-07 DATED 23/6/10 ISSUEDBY 1ST RESPONDENT. P5 COPY OF THE PROCEEDINGS OF HEARING DATED 7/8/2010 BEFORE THE 1ST RESPONDENT. P6 COPY OF THE ORDER DATED 13/09/2010 ISSUED BY THE 2ND RESPONDENT. P7 COPY OF THE AREA IN QUESTION IN THE PROJECT SHOWING THE FENCING. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE SHOWING THE WESTERN BOUNDARY WALL OF THE PETITIONER AND THE PRESENCE OF THE CONCRETE RAMP CONSTRUCTED BY THE PETITIONER VERY NEAR TO THE WESTERN BOUNDARY WALL OF THE 3RD RESPONDENT'S PROPERTY. R3(B) COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. R3(C) COPY OF THE CIRCULAR NO.17128/E3/2002/LSGD, TVPM DATED 12/12/2005. /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------------------------------- W.P.(C) No. 37844 OF 2010 ------------------------------------------------- DATED THIS THE 29th DAY OF NOVEMBER, 2011 J U D G M E N T The writ petition is filed seeking to quash Ext.P6 and for a direction to respondents 1 and 2 to issue occupancy certificate and allot building numbers to the apartments constructed on the basis of Ext.P2 building permit. 2. This Court by judgment dated 02-06-20110 in W.P (c) No.16969/2010 directed the Secretary of the Municipality to take a decision on Ext.P3, after hearing the petitioner and the 2nd respondent within a period of 2 months from the date of receipt of a copy of Ext.P3 judgment. Petitioner in Ext.P3 judgment is the 3rd respondent in the present writ petition. Exhibit P3 complaint referred to in Ext.P3 judgment is a complaint lodged by the 3rd respondent herein. Exhibit P2 is the building permit issued to the petitioner for construction of residential flat in the property owned by him. The 3rd respondent herein lodged a complaint to the Municipality alleging construction of ramp close to the property of the 3rd respondent. According to him construction is in violation of Building Rules. W.P.(C) No.37844/2010 -2- 3. Considering the urgency of the matter this Court directed the Municipality to pass appropriate orders after hearing both sides. The complaint referred to in Ext.P3 judgment is not so far been disposed of. By Ext.P6 order dated 13-06-2010 the Municipality ordered measurement and fixation of boundaries of the land wherein the ramp is constructed with the help of revenue authorities. 4. When the matter came up for consideration today, both sides submitted that measurement and fixation of boundary are not necessary to resolve the dispute between the parties, since there is no boundary dispute between them. The direction issued in Ext.P6 is to measure the property of the petitioner wherein the ramp is situated. It is submitted that the petitioner has approached the Municipality on various occasions requesting respondents 1 and 2 to issue occupancy certificate and allotment of building number, since the construction has been completed long back. In the circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on the complaint lodged by the 3rd respondent as directed by this Court in Ext.P3 judgment within a W.P.(C) No.37844/2010 -3- period of two weeks from the date of receipt of a copy of this judgment with notice to the petitioner and the 3rd respondent. After disposal of Ext.P3 complaint respondents 1 and 2 issue consequential orders on the request of the petitioner to grant occupancy certificate and allotment of building number within a period of ten days thereafter. Sd/- HARUN-UL-RASHID, JUDGE. AMG True copy P.A to Judge