IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 23327 of 2007(B) -------------------------- PETITIONER: ------------ V.K.PURUSHOTHAMAN NAIR, AGED 57 YEARS, S/O C.S.KRISHNA PILLAI, "PRASANTHI", COCHIN PALACE P.O., THIRUVANKULAM PANCHAYAT, ERNAKULAM DISTRICT- 682 301. BY ADV. SRI.K.RAMAKUMAR SRI.R.JAYACHANDRAN RESPONDENTS: ------------- 1. THE THIRUVANKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THIRUVANKULAM,(VIA) THRIPUNITHURA, ERNAKULAM DISTRICT. 2. SRI THAMPI, S/O.JACOB, JACOB'S COOL BAR, NEAR MUSEUM JUNCTION, THIRUVANKULAM PANCHAYAT, ERNAKULAM DISTRICT. BY ADV. SRI.BOBBYMATHEW KOOTHATTUKULAM FOR R1 SRI.P.R.RAMACHANDRA MENON FOR R2 SRI.AGINOV MATHAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 23327/07 APPENDIX PETITIONER'S EXHIBITS:- P1: True copy of the representation dtd. 19-6-2007 submitted by the petitioner before R1 Pius C. Kuriakose, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 23327 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January,2008 JUDGMENT This writ petition has been field by a resident of Thiruvankulam Grama Panchayat whose place of residence is near to the Cochin Palace Post Office alleging that the 2nd respondent is conducting a cool bar and an S.T.D. Booth by name Jacob's Coor Bar, in a building, which has been constructed in violation of the Building Rules. The following prayers are sought:- i. to issue a writ of mandamus commanding the first respondent to immediately conduct an inspectionof the construction carrying on by the second respondent near the petitioner's house, violating the Building Rules, within the Thiruvankulam Grama Panchayat and take all necessary steps to stop the illegal construction, forthwith; ii.to issue such other writs, orders or directions as this Honourable Court may deem fit and proper in the circumstances of the case. 2. The 1st respondent panchayat has filed a counter affidavit wherein it is stated that the Kerala Municipality Building Rules has WPC 23327/07 2 been implemented in the panchayat with effect from 6-6-2007 whereas as early as on 28-10-2006 the 2nd respondent had been issued a no objection certificate for constructing the building. The only condition incorporated in that certificate is that while carrying out the construction, section 220(b) of the Kerala Panchayat Raj Act should be obeyed. It is submitted that on two days, the premises where the 2nd respondent is carrying out the construction were inspected and on one of the occasions the petitioner was present. It is also stated that the Building Rules are not applicable as the construction was prior to 6-6- 2007. 2. The Director of Panchayat has issued two circulars in the context of introductin of Kerala Municipality Building Rules to Panchayat Sorroundings the State. The circulars are dated 20-6-2007 and 25-7-2007. Considering the facts and circumstances of the case, the writ petition is disposed of directing the panchayt to ensure that constructions are permitted only in compliance with the directions in the two circulars particularly circular No.24136/1/RW1/07/LSD 07. Pius C. Kuriakose, Judge. mn WPC 23327/07 3 mn.