IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 19978 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------ K.H.ABDUL GAFOOR, AGED 44 YEARS S/O.LATE HYDER HAJI, KOTTAPPURATH HOUSE PATTAMBI, PALAKKAD PIN 679 303. BY ADVS. SRI.P.RAMACHANDRAN SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------ 1. THE SECRETARY, PATTAMBI GRAMA PANCHAYATH PATTAMBI, PALAKKAD DISTRICT. 2. THE SENIOR CONSERVATION ASSISTANT ARCHAEOLIGICAL SURVEY OF INDIA THRISSUR SUB CIRCLE, NO.27.273/4 IYYANATH LANE CHEMBUKKAVU THRISSUR -20. 3. THE DIRECTOR, ARCHAEOLOGICAL SURVEY OF INDIA, NEW DELHI. *ADDL. R4 IMPLEADED. 4. THE DIRECTOR, DIRECTORATE OF ARCHAEOLOGY, GOVERNMENT OF KERALA, SREE PADAM PALACE, FORT P.O., THIRUVANANTHAPURAM 695 023. *R4 IS IMPLEADED AS PER ORDER DTD. 16.11.2010 IN IA. 15957/2010 IN WPC. NO.19978/2010. R1 BY ADV. SRI.JOICY GEORGE R2 & R3 BY ADVS. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 & R3 BY SRI.ABRAHAM THOMAS, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19978/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE BUILDING PERMIT NO.A3/209/7318/09-10 DT. 9.12.2009 BY THE IST RESPONDENT. P2:- COPY OF THE ORDER DTD. 12.5.2010 BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE APPLICATION DTD. 31.5.2010. P4:- COPY OF THE PHOTOGRAPHS. P5:- COPY OF THE SKETCH. P5(a):- COPY OF THE SKETCH. P6:- COPY OF THE APPLICATION DTD. 11.11.2010 BY THE PETITIONER BEFORE THE DIRECTOR, DIRECTORATE OF ARCHAEOLOGY, GOVERNMENT OF KERALA. TRUE COPY P.A.TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.19978 of 2010 ------------------------------- Dated this the 16th day of November, 2010 J U D G M E N T The petitioner is the owner of a parcel of land situated within the local limits of Pattambi Grama Panchayat. With a view to put up a building therein, he applied to the Secretary of Pattambi Grama Panchayat for a building permit and Ext.P1 building permit was granted on 9.12.2009. When the petitioner commenced the construction of the building, the second respondent issued Ext.P2 notice informing the petitioner that in view of the provisions contained in the Ancient Monuments and Archaeological Sites and Remains Act, the petitioner cannot put up a building as the site of the building is within the regulated area, i.e., within a distance of 200 meters from an ancient monument, viz., the Kaithali Mahadeva Temple. Ext.P2 is under challenge in this writ petition. 2. Respondents 2 and 3 have filed a counter affidavit contending that the site where the petitioner proposes to put up a building is within a distance of 200 meters from an ancient temple, and therefore, under the provisions of Section 20A of the Ancient Monuments and Archaeological Sites and Remains Act, as amended, the petitioner cannot put up a building in that site without first obtaining the permission of the competent authority. The competent W.P.(C) No.19978/2010 2 authority at that point of time was not notified by the Central Government. However, after the counter affidavit was filed, the Government of India have issued a notification dated 29.10.2010 designating the Director of Archaeology, Government of Kerala, Trivandrum, the additional fourth respondent in the writ petition, as the competent authority for the purpose of Section 20C and 20D of the Ancient Monuments and Archaeological Sites and Remains Act. The petitioner has in view of the said developments, submitted the original of Ext.P6 representation before the said officer requesting for permission to proceed with and complete the construction, on the strength of Ext.P1 building permit. 3. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that without going into the rival contentions, the writ petition may be disposed of with a direction to the additional fourth respondent to consider Ext.P6 representation and take an appropriate decision thereon, within a time limit to be fixed by this Court. The learned Government Pleader appearing for the additional 4th respondent also did not oppose the said request. In such circumstances, as the petitioner has chosen to W.P.(C) No.19978/2010 3 move the competent authority by filing Ext.P6 representation, I dispose of the writ petition with a direction to the Director of Archaeology, Government of Kerala, Trivandrum, the additional Fourth respondent, to consider Ext.P6 representation submitted by the petitioner and take an appropriate decision thereon, after affording the petitioner and respondents 1 to 3 herein an opportunity of being heard. The additional fourth respondent shall pass final orders in the matter expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.