IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23818 of 2009(V) -------------------------- PETITIONER(S): --------------- 1. A.T.PIUS, S/O.THOBIAS AGED 53, ALOOR HOUSE, EAST NADA, GURUVAYOOR. 2. ROSEMOL PIOUS, W/O.A.T.PIOUS, AGED 50 ,RESIDING -DO- -DO- BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE GURUVAYOOR MUNICIPALITY, REP.BY ITS SECRETARY, GURUVAYOOR PO. 2. THE MUNICIPAL ENGINEER, GURUVAYOOR MUNICIPALITY, GURUVAYOOR MUNICIPAL OFFICE, GURUVAYOOR 3. THE DISTRICT TOWN PLANNER, THRISSUR. 4. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. SRI.K.K.CHANDRAN PILLAI, SC, FOR R1, 2 GOVERNMENT PLEADER SRI.I.V.PRAMO, FOR R3, 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 23818 OF 2009 V ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T The petitioners were issued Ext.P1 building permit. They say that they completed the construction, however, that completion certificate has not been issued by the 1st respondent on the ground that the building cannot be regularised in view of the Town Planning Scheme. The existence of a Town Planning Scheme is of no consequence when the scheme has not become operational and insistance of set back from the road margin cannot be made in such a case. That apart, after issuing the building permit, it does not lie for a public authority to contend that it will not number the building constructed in terms of that building permit. In the result, this writ petition is ordered directing that if the building constructed by the petitioners is in conformity with Ext.P1 building permit, the request of issuance of completion certificate and numbering the building shall be ordered, without reference to the grounds stated in Ext.P3 and Ext.P3, which will stand quashed by the force of this judgment. Let the needful following the judgment will be done within four weeks from the date of receipt of a copy of this judgment. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks