IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 9555 of 2011(T) ------------------------- PETITIONER(S): --------------- M/S.BHARATHI CELLULAR LTD., PRESENTLY KNOWN AS BHARATI INFRATEL LTD.,DULY AUTHORISED HEAD (LEGAL),PREMAKRISHNAN NAIR.M.N, 8TH FLOOR,VANKARATH TOWERS,NH BYPASS,PADIVATTOM, KOCHI-24. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. KOLLAM CORPORATION REP.BY ITS SECRETARY,KOLLAM 691 001. 2. SECRETARY,LOCAL ADMINISTRATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001. ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT FOR R1 BY G.P.SMT.K.K.DEEPA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.9555 of 2011 ---------------------------------------- Dated 11th April, 2011 JUDGMENT The petitioner who is a mobile telecommunication service provider filed this writ petition alleging inaction on the part of the first respondent on Ext.P7 application for regularisation of construction submitted in terms of Ext.P6 Government order. As against the construction effected by the petitioner, earlier, Ext.P4 order was passed by the 2nd respondent under section 406 of the Kerala Municipality Act. Since it carried a direction to demolish the construction the petitioner has taken up the matter before the Tribunal for Local Self Government Institutions. The operation and implementation of Ext.P4 has been stayed by the Tribunal as per Ext.P5 and it is submitted that Ext.P5 order is still in force. In the meanwhile, the Government have issued Ext.P6 viz., the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010 (for short `the Rules'). Sub-rule (3) of Rule 1 of the Rules makes it clear that the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010 apply to all unauthorized constructions carried out or completed on or before 31.12.2008 in any Municipal area or in any Grama Panchayat area. According to the petitioner, the construction in question WP(C).No.9555/2011 2 has been carried out prior to 31.12.2008 and it was in the said circumstances that Ext.P7 application has been submitted by the petitioner before the second respondent for its consideration in terms of Ext.P6. Going by Rule 5(2)(a) of the Rules, Secretary of the concerned Municipaltiy or Panchayat concerned shall forward a detailed report appended to it in Form I, in triplicate, along with the application submitted by the concerned person to Government through Town Planner within 45 days from the date of receipt of application in the case of Municipal Corporations and within 30 days in other cases. Ext.P7 application is dated 29.12.2010. The grievance of the petitioner is that in terms of Rule 5(2)(a) of the Rules the second respondent should have forwarded the application along with his report to the Government through the Town Planner. In view of the said specific provision there cannot be any doubt with respect to the position that on receipt of Ext.P7 application the second respondent should have forwarded the same along with his report through the Town Planner to the Government for consideration. In the said circumstances, without making any observation as to the merits of the contentions raised in this writ petition and also the entitlement or otherwise of the petitioner to get regularisation of the construction in question, the second respondent is directed to forward Ext.P7 application submitted by the petitioner along with his detailed report through Town WP(C).No.9555/2011 3 Planner to Government, expeditiously. Since the period specified under Rule 5(2)(a) had already expired, there cannot be any further delay in the said matter. Therefore, the second respondent shall forward the same along with the detailed report within a period of two weeks from the date of receipt of a copy of this judgment to the Town Planner and the concerned Town Planner in turn, shall forward the same to the Government expeditiously, at any rate, within a period of two weeks thereafter. On receipt of the application along with the report Government shall consider the same expeditiously. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge