IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 5018 of 2008(V) ------------------------- PETITIONER: ------------ VODAFONE ESSAR CELLULAR LIMITED FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD XL-5115, ASHIS BUILDING, SHANMUGAM ROAD, COHIN 682 031, REP.BY ITS MANAGER LEGAL, RAJESH MELETH VEETIL. BY ADV. SRI.P.SATHISAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. DIRECTOR OF MUNCIPALITIES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.5018 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT This writ petition is filed by a mobile telephone company seeking issuance of a general direction to the various local authorities in the State to receive applications for issuance of use certificates/building numbers from the petitioner against due receipts and to dispose of the applications and to issue use certificates/building numbers within a period of 30 days from the date of receipt of the due applications. 2. I have heard the submissions of Sri.P.Sathisan, learned counsel for the petitioner and also those of Sri.K.J.Mohammed Anzar, learned Government Pleader. Sri.P.Sathisan draws my attention to Ext.P3 judgment passed by me in W.P.(C) No.32225/07. I had noticed under Ext.P3 that it was only by an oversight that a time frame similar to one which obtained in Rule 22(3) has not been incorporated in Rule 142 and accordingly I had issued a direction that till such time as the Government amends Building Rules 142 of the Kerala Municipalities Building Rules so that the same will also be in conformity with Rule 22(3), there will be a direction to the Government to issue instructions to the local WPC.No.5018/08 2 authorities to issue use certificate under Rule 142 of the Kerala Municipalities Building Rules within 30 days of submission of Forms E and F by the petitioner in that case. Having regard to the comparability of the facts, I do not find any reason as to why directions as given in Ext.P3 should not be issued in favour of the petitioner. Accordingly, allowing this writ petition, it is ordered that till such time as the Government amends Rule 142 so as to make the same in conformity with Rule 22(3), there will be a direction to the respondents to issue necessary instructions to the Secretaries of the Municipalities, Panchayats and the Corporations in the State enlisted in the writ petition to issue use certificate under Rule 142 of the Kerala Municipalities Building Rules 1999 within 30 days of the date of submission of Forms E and F by the petitioner. Considering the grievance voiced by the petitioner that the local authorities are not issuing receipts when applications for use certificates are submitted, there will be a direction to the respondents to issue instructions to the local authorities to issue receipts to the applicants whenever applications are submitted for use certificates. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.5018/08 2