IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 16399 of 2010(Y) -------------------------- PETITIONER(S): --------------- M/S.KENT CONSTRUCTIONS PVT.LTD., S.A.ROAD, MANORAMA JUNCTION, KOCHI, REPRESENTED BY ITS AUTHORISED SIGNATORY, JISHO JOHN. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SRI.RENJITH B.MARAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 3. THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN, ERNAKULAM. 4. THE COMMANDANT GENERAL, FIRE & RESCUE SERVICES HEAD QUARTERS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R2&3 GOVERNMENT PLEADER SRI.K.RAMESH FOR R1 ,& 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.16399/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BUILDING PERMIT DATED 14.2.08 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P2. TRUE COPY OF THE REQUEST FOR GRANT OF REVISED PERMIT. EXT.P3. TRUE COPY OF THE COMMUNICATION DATED 4.3.2010 EXT.P4. TRUE COPY OF THE ORDER DATED 12.4.2010 EXT.P5. TRUE COPY OF THE APPLICATION DATED 13.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6. TRUE COPY OF THE ORDER DATED 6.5.2010 EXT.P7. PHOTOGRAPHS EVIDENCING THE PRESENT STATE OF AFFAIRS AS REGARDS THE CONSTRUCTION IS CONCERNED. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16399 of 2010 ----------------------------------------- Dated this the 21st day of October, 2010 JUDGMENT The petitioner, a builder by profession, applied for a permit to put up a multi storied residential apartment complex consisting of two blocks. Ext.P1 is the building permit issued in respect of Block A. The construction of Block A is nearing completion. The petitioner did not commence construction of Block B in time and the validity of the permit in respect of Block B expired. He thereafter submitted Ext.P5 application for the grant of a fresh permit for Block B. By then the Kerala Municipality Building Rules, 1999 was amended. The Secretary of Cochin Corporation returned Ext.P5 application for building permit stating that the plan submitted along with the application for building permit is not in tune with the revised rules, namely rule 117(1), rule 33, table 4.1 etc. The said decision was communicated to the petitioner by Ext.P6 notice dated 6.5.2010. Ext.P6 is under challenge in this writ petition. W.P(C).No.16399 of 2010 -:2:- 2. The second respondent has filed a counter affidavit justifying their action. It is contended that the plan submitted by the petitioner along with Ext.P5 application for building permit is not in tune with the Kerala Municipality Building Rules, 1999 as amended with effect from 16.12.2009. However, I am not able to ascertain either from Ext.P6 or from the counter affidavit with clarity the relevant provisions of the amended rules which according to the Corporation have not been complied with by the petitioner. In such circumstances I am of the opinion that the Secretary, Corporation of Kochi, should reconsider the petitioner's application for building permit. If there are inadequacies in the plan submitted by the petitioner along with the application for building permit, the Secretary shall intimate the petitioner of the same and afford him an opportunity to rectify the defects. Necessary steps in that regard shall be taken and completed within one month from the date of receipt of a certified copy of this judgment. If the Secretary informs the petitioner that the plan submitted by him is defective, he shall submit a revised plan as per the amended rules and upon receipt of the same, the Secretary shall consider the application for building W.P(C).No.16399 of 2010 -:3:- permit and take an appropriate decision thereon expeditiously and in any event within two months from the date on which the revised plan is submitted by the petitioner. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16399 of 2010 ---------------------------- JUDGMENT 21st October, 2010