IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 22471 of 2010(H) -------------------------- PETITIONER(S): --------------- JACOB POTHEN, AGED 52, S/O. SRI. T.K.POTHEN, THERADIYIL HOUSE, NIRANAM WEST P.O., THIRUVALLA, PATHANAMTHITTA, KERALA, GENERAL ADMINISTRATOR, GOSPEL FOR ASIA AND BELIEVERS CHURCH, MANJADI P.O., THIRUVALLA. BY ADV. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THIRUVALLA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THIRUVALLA. R1 BY G.P. SMT. K.R. DEEPA R2 BY ADV. SHRI SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22471 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010. JUDGMENT The petitioner herein is seeking for a direction to the Municipality to consider the application for extension of the building permit which is due to expire on 10.8.2010. 2. The petitioner claims to be a religious and charitable trust and for starting a hospital, they have applied for a building permit initially for first and second floors. Ext.P1 is the copy of the proceedings of the Chief Town Planner showing approval of the lay out of the building. Ext.P2 is the copy of the No Objection Certificate from the Department of Fire and Rescue Service and Ext.P3 is the copy of the building permit dated 10.8.2007. Ext.P4 is the copy of the 'consent to establish' received from the Kerala State Pollution Control Board. 3. It is the case of the petitioner that in the light of Exts.P1 to P4, permission is there for construction of the two floors. It is also averred in the writ petition that the petitioner has applied for construction of all the seven floors as approved by Exts.P1, P2 and P4, which is not a subject matter here. In this writ petition, the petitioner seeks for a direction to the wpc 22471/2010 2 Municipality to consider the application for renewal of the permit, Ext.P3 and the copy of the application for renewal is Ext.P5. 4. Heard learned Standing Counsel for the Municipality. 5. When the matter came up for hearing on the last occasion, learned counsel for the Municipality submitted that there are certain proceedings issued by the District Collector with regard to the violation of the Kerala Land Utilisation Order. Therefore, the Municipality is yet to take a decision. Thereafter, along with I.A. No.10463/2010 the petitioners has produced Exts.P6 to P11, copies of various orders issued by the District Collector, Land Revenue Commissioner as well as a judgment of this Court in W.P.(C) No.7180/2009 which is produced as Ext.P9. The permit issued by the District Collector under the Kerala Land Utilisation Order, is Ext.P6. Ext.P11 shows that the District Collector has issued a direction to the Revenue Divisional Officer to find out whether there is any violation of the Land Utilisation Order. 6. I am not finally pronouncing upon the matter, since it is up to the Municipality to take a decision in the matter. Therefore, there will be a direction to the second respondent to take a decision on the application for renewal of permit, in accordance with the relevant rules, within a period of wpc 22471/2010 3 one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/