Jain Housing And Constructiong Ltd vs The Divisional Officer

Kerala High Court

Jain Housing And Constructiong Ltd vs The Divisional Officer on 12 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                     WP(C) NO. 22873 OF 2017
PETITIONER:

            M/S.JAIN HOUSING AND CONSTRUCTION LTD.,
            G- 361, MAIN AVENUE, PANAMPILLY NAGAR, COCHIN -
            682 036, REPRESENTED BY ITS BRANCH HEAD,
            MRS.COLLEEN JOSEPH.
            BY ADVS.
            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.K.JOHN MATHAI
            SRI.JOSON MANAVALAN
            SRI.KURYAN THOMAS
            SRI.PAULOSE C. ABRAHAM

RESPONDENTS:

    1       THE DIVISIONAL OFFICER
            FIRE & RESCUE SERVICES, KADAVANTHARA P.O,
            KOCHI - 682 020
    2       DIRECTOR GENERAL
            KERALA FIRE & RESCUE SERVICES HEADQUARTERS,
            FIRE FORCE JUNCTION, PULIMOODU
            P.O,THIRUVANANTHAPURAM - 695 001.
    3       MARADU MUNICIPALITY
            MARADU MUNICIPAL OFFICE, KUNDANNOOR, MARADU,
            ERNAKULAM, KERALA - 682 304.
            BY ADVS.
            SRI.T.R.RAJAN SC,MARADU MUNICIPALITY
            SRI.T.R.RAJAN SCMARADU MUNICIPALITY
            SRI.RIYAL DEVASSY, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   12.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.22873 of 2017

                                   2




                P.V.KUNHIKRISHNAN, J.
        ---------------------------------------------
               W.P.(C) No. 22873 of 2017
    ------------------------------------------------------
          Dated this the 12th day of April, 2024.


                             JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 and 2 to consider the application for grant of the Final NOC/Certificate of Approval by applying the law as on the date of obtaining the building permit from the Maradu Grama Panchayat, i.e., 22.09.2006, without reference to the amended Rule 33 of the Kerala Municipality Building Rules, 1999 within a time period as may be specified by this Hon'ble Court;

(ii) declare that in the facts and circumstances of the case, the petitioner is entitled to have its application for No Objection Certificate/Certificate of Approval considered by the 1st and 2nd respondents with reference to the Kerala W.P.(C) No.22873 of 2017 3 Municipality Building Rules, 1999 which were applicable as on the date of obtaining the building permit from the Maradu Grama Panchayat, i.e., 22.09.2006;

AND

(iii) issue such other writs, orders or directions as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."[SIC]

2. When this Writ petition came up for consideration, the learned counsel appearing for the 3rd respondent submitted that the prayers in this Writ petition are infructuous because the building is already demolished. If that be the case, nothing survives in this case.

Therefore, this Writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) No.22873 of 2017 4 APPENDIX OF WP(C) 22873/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDINGS PERMIT DATED 22.09.2006 ISSUED BY THE MARADU GRAMA PANCHAYAT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED 02.06.2015 PASSED BY THIS HON'BLE COURT IN W.A NO./ 132 OF 2013.

EXHIBIT P3 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY A REGISTERED ARCHITECT ON 25.06.2010. EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS OF THE COMPLETED PROJECT.

EXHIBIT P5 TRUE COPY OF THE CHALLAN DATED 15.09.2015 EVIDENCING PAYMENT OF RS. 3,72,427/- FOR FINAL CERTIFICATE OF APPROVAL. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 16.06.2016 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER BEARING REFERENCE C NO. 480/16 DATED 27.06.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 25.07.2016 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER BEARING REFERENCE NO. D1-5219/2016 DATED 17.08.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 30- 12-2016 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE COVER LETTER DATED 27.03.2017 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT(WITHOUT THE ENCLOSURES) EXHIBIT P12 TRUE COPY OF THE LETTER DATED 20.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT, WITH A COPY TO THE PETITIONER. EXHIBIT P13 TRUE COPY OF THE LETTER DATED 24.05.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P14 TRUE COPY OF THE LETTER DATED 29.04.2017 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE LETTER DATED 22.06.2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE LETTER DATED 28.06.2017 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE