IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 12405 of 2010(A) -------------------------------- PETITIONERS: ---------------- 1. V.C.VARGHESE, S/O.CHANDY VARGHESE, VADAKKEKKARA, MUTTAMPALAM POST, KOTTAYAM - 686004. 2. JIBY JOHN, S/O.A.N.JOHN,PANACKAL, MUTTAMBALAM POST KOTTAYAM - 686004. 3. REKHA JIBY JOHN,W/O.JIBY JOHN, -DO- -DO- 4. SONIA SABU THOMAS, W/O.SABU THOMAS, MANAPPATTU PARAMBIL, No.C.JEWEL SYMPHONY APARTMENTS, MUTTAMBALAM POST, KOTTAYAM - 686004. BY MR.MATHEW JOHN (K), ADVOCATE. RESPONDENTS: ------------------ 1. THE SECRETARY TO GOVERNMENT, TOWN PLANNING LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM. 3. THE TOWN PLANNING OFFICER, KOTTAYAM. 4. THE SECRETARY, KOTTAYAM MUNICIPALITY KOTTAYAM. BY MR. SIBY MATHEW, ADVOCATE, FOR R4. MR.PHILIP J.VETTICKATTU, ADVOCATE, FOR R4. MR.C.M. SURESH BABU, GOVERNMENT PLEADER FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12405 OF 2010 --------------------------------------- Dated this the 20th day of July, 2010. J U D G M E N T The petitioners have approached this Court aggrieved by the communication Exhibit P4 issued by the Secretary of the Municipality whereby they were informed that their application for building permit will have to be considered in terms of the amendment to the Kerala Municipality Building Rules as per G.O(MS) 249/2009/LSGD dated 16.12.2009. The 4th respondent Municipality has filed a counter affidavit in the matter. 2. The petitioners are the owners and in possession of an extent of 12.14 Ares of land and property in resurvey No.4 of Block No.6 in Manganam Kara and Muttambalam village in Kottayam Taluk. For constructing a residential apartment complex, they filed an application on 24.04.2007, which was rejected by Exhibit P1 by the Municipality. The rejection was on the ground that the property comes within a green zone as per the provisions of the master plan. W.P.(C) No.12405/2010 2 3. It is the case of the petitioners that the matter was taken up in W.P.(C) No.21055/2009 and by Exhibit P3 judgment, this Court disposed of the writ petition directing that the application of the petitioners for building permit shall be taken up, considered and disposed of without reference to the grounds stated in Exhibit P1. The judgment is dated 06.08.2009. Thereafter, by Exhibit P4, the petitioner was informed that along with the application dated 24.04.2007, the plan and the copy of the title deed alone have been produced. The Government has amended the Kerala Municipality Building Rules as per the order dated 16.12.2009. In that view of the matter, the petitioners were directed to produce all the necessary documents for considering the application. 4. It is mainly contended that the amended rules will not apply to the application herein. The said plea raised by the petitioners is disputed by the Municipality in their counter affidavit and detailed averments have been made therein in that regard. 5. Learned counsel for the petitioners submitted that the W.P.(C) No.12405/2010 3 petitioners will produce all the required documents without any delay and therefore, the Municipality may be directed to take a decision on the application expeditiously, at any rate, within a period of three weeks from the date of receipt of the documents. 6. Learned counsel for the Municipality submitted that if the petitioners produce all the required documents including No Objection Certificates from various statutory authorities, the application can be disposed of within a period of three weeks of the production of all documents. In the light of the above, there will be a direction to the Secretary of the Municipality to consider the application and take an appropriate decision as directed in Exhibit P3 judgment and in terms of the rules including the amended rules. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp