IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 34634 of 2008(W) --------------------------------- PETITIONER(S): ------------------- BHARAT SANCHAR NIGAM LTD., REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, PLANNING, OFFICE OF THE GENERAL MANAGER, TELECOM, BSNL, BSNL BHAVAN, KANNUR. BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): -------------------- AZHIKODE GRAMA PANCHAYATH, REP. BY SECRETARY, AZHIK0DE GRAMA PANCHAYATH, AZHIKODE, KANNUR DISTRICT. ADV. SRI.P.U.SHAILAJAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34634 of 2008 APPENDIX EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT ON 22/2/2007. EXT.P2: COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE SUB DIVISIONAL ENGINEER (CIVIL). EXT.P3: COPY OF THE LETTER FROM SUB DIVISIONAL ENGINEER, CIVIL, KANNUR ADDRESSED TO E.E. CIVIL, KANNUR. EXT.P4: COPY OF THE APPLICATION DATED 7/7/2008 FOR ISSUANCE OF OCCUPANCY CERTIFICATE SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 4/8/2008 OF THE RESPONDENT. EXT.P6: COPY OF THE LETTER DATED 16/8/2008 SUBMITTED BY THE S.D.E. TO THE RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 4/9/2008 ISSUED BY THE RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34634 OF 2008 ---------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT The petitioner is the Bharat Sanchar Nigam Ltd. They obtained Ext.P1 building permit for construction of a Telecommunication Tower. The permit was valid upto 21.02.2010. The petitioner completed the construction on 16.1.2008 and thereafter applied for occupancy certificate which has been rejected on the ground that the petitioner has not completed the construction within the period of the building permit. The petitioner therefore, seeks the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to (Exts.P4 and P6)* and quash the same. *Corrected as Ext.P5 and P7 vide order dt. 3.12.08 in I.A.15341/08. ii) Issue writ of mandamus or any other appropriate writ, order or direction directing the respondent to issue occupancy certificate without insisting on the payment of Rs.30000/- as compounding fees.” W.P.(c)No.34634/08 2 2. The respondent has filed a counter affidavit. They do not dispute that as per Ext.P1, the building permit is valid upto 21.02.2010. Their only contention is that as per the rules applicable, the period of validity of a building permit can only be one year and that is why the petitioner was refused occupancy certificate. 3. After having issued Ext.P1 building permit valid upto 21.02.2010, the respondent cannot refuse to issue occupancy certificate on the ground that the construction was not completed within one year. If there was any mistake in issuing of Ext.P1 building permit, it was for the respondent to take appropriate steps to correct the same. As far as the petitioner is concerned, the petitioner has completed the construction within the time stipulated in Ext.P1 building permit issued to them. Even otherwise, Ext.P1 building permit was issued on 22.2.2007 and the petitioner has actually completed the construction on 16.1.2008, which is within the one year also. 4. The learned Counsel for the respondent would point out that the request for occupancy certificate was filed beyond one year. That also is not a ground for refusing the occupancy certificate. W.P.(c)No.34634/08 3 In the above circumstances, the writ petition is allowed and Exts.P5 and P7 orders of the respondent are quashed. The respondent is directed to issue occupancy certificate to the petitioner, without insisting on payment of any compounding fee, within a period of six weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34634/08 4