IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 13288 OF 2022
PETITIONER:
ABDUL SALAM
AGED 47 YEARS
S/O. PARAMBATH ABDULLA, PARAMBATH HOUSE, PALAYAD,
PATHIYARAKKARA POST, KOZHIKODE DISTRICT, PIN 673 015
BY ADVS.
JESWIN P.VARGHESE
V.H.JASMINE
REETHU JACOB
RESPONDENTS:
1 MANANTHAVADY MUNICIPALITY
MANANTHAVADY POST, WAYANAD DISTRICT, PIN 670 645,
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
MANANTHAVADY MUNICIPALITY, MANANTHAVADY POST, WAYANAD
DISTRICT, PIN 670 645
3 THE DIRECTOR GENERAL
FIRE AND RESCUE SERVICES, H3EADQUARTERS OF HOME GUARDS
AND CIVIL DEFENCE, FIRE FORCE JUNCTION, TRIVANDRUM PIN
695 001
BY ADV S.M.PRASANTH
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.13288 of 2022
2
P.V.KUNHIKRISHNAN
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W.P (C) No.13288 of 2022
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Dated this the 3rd day of June, 2022
JUDGMENT
The writ petition is filed with the following prayers:-
i) Issue a writ of certiorari or any other appropriate writ or order quashing Ext.P1 building permit to the extent categorizing petitioner's football turf in Category D (Assembly) under the Kerala Municipal Building Rules, 1999.
ii) Issue a writ of Mandamus or any other appropriate writ or order directing 2nd respondent to grant Licence to petitioner's football turf described in Ext.P1 Building Permit, without insisting NOC from the Fire & Rescue Services, within time frame as fixed by this Hon'ble court.
iii) Issue a writ of mandamus or any other appropriate writ or order directing 2nd respondent to consider and pass orders on Ext.P4 representation, after affording opportunity for personal hearing to the petitioner or his representative, within a time frame as fixed by this Hon'ble Court.
2. The petitioner has approached the 2nd respondent seeking permission to build a football turf. The 2 nd respondent issued Ext.P1 building permit including the W.P (C) No.13288 of 2022 3 proposed construction in Category D (Assembly). According to the petitioner, including the football turf in Category D (Assembly) is incorrect. It is stated that the football turfs are very common in our State. The respective Municipalities have granted licence to these football turfs. It is also stated that nowhere the same is included in Category D (Assembly). It is the case of the petitioner that the Secretary granted unauthorised occupancy number. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the 1 st and 2nd respondents. I also heard the Government Pleader.
4. The learned Standing Counsel appearing for the 1st and 2nd respondents submitted that if a revised application for building permit is submitted, the Municipality will consider the same and pass appropriate orders, in accordance with law. The petitioner is ready for the same.
5. In the light of the above submissions, I think this writ petition can be disposed of. Therefore, this writ petition is disposed of with the following directions:-
I) The petitioner is free to file a revised building W.P (C) No.13288 of 2022 4 permit application along with revised plan before the 2nd respondent within two weeks from the date of receipt of a copy of this judgment. II) Once such a revised building permit and plan is received, the 2nd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within three weeks from the date of receipt of the building permit application.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.13288 of 2022 5 APPENDIX OF WP(C) 13288/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF GENERAL BUILDING PERMIT NO A4-BA (330685)/2019 ISSUED BY THE 2ND RESPONDENT DATED 29-09-2019 Exhibit P2 A TRUE COPY OF ORDER NO. H1-9739/2020 ISSUED BY THE 2ND RESPONDENT DATED 28- 03-2020 Exhibit P3 A TRUE COPY OF ORDER NO. H1- 9739/2020 ISSUED BY THE 2ND RESPONDENT DATED 01- 10-2020 Exhibit P4 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT DATED 05-03-2022