IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S. GOPINATHAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 RP.No. 860 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.31766/2009 Dated 03/06/2010 .................... REVIEW PETITIONER: ---------------------- COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR. BY ADV. SRI.N.RAGHURAJ,SC,COCHIN DEVASWOM BOARD RESPONDENTS: --------------- 1. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR CORPORATION, OFFICE OF THE THRISSUR CORPORATION, THISSUR. 2. THE SECRETARY, THRISSUR CORPORATION. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. S.C. SRI. K.B. MOHANDAS. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = R.P. NO. 860 OF 2010 IN W.P.(C) 31766 OF 2009 = = = = = = = = = = = == == = = = = DATED THIS, THE 24TH DAY OF FEBRUARY, 2011. O R D E R C.N. Ramachandran Nair, J. This review petition is moved by the Cochin Devaswom Board for a direction to renew the construction permit granted to them. The building was constructed with exemption obtained from the Government and as of now, this Court has declared that the Government has no power to grant individual exemption. The judgment was passed on 3.6.2010 directing the Devaswom Board to let out on rent the building already constructed. In spite of numbering the building and availability of power supply, the Board has not been able to let out the building or collect any advance or rent. Construction could not be completed within the time granted by the Corporation, which only reflects the incapacity of the Devaswom Board. A substantial amount spent more than three years back is without any returns because in spite of specific direction issued on 3rd June, 2010 in the judgment, the Devaswom Board has not let out the building. Therefore, we doubt whether further waste of money through construction should be R.P. 860/2010 2 permitted. We therefore, feel unless the Devaswom Board lets out the building and earns any income justifying the investment, further construction should not be permitted to be undertaken. We therefore, decline the request for the time being, but leave it open to the Board to move this Court after letting out the building and after giving the details of investments so far made and the returns being obtained from investments already made. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-