Abdul Salam vs Mananthavady Municipality
2022 Latest Caselaw 6339 Ker

                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
                  ---------------------
                     W.P (C) No.13288 of 2022
               ---------------------------
                 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

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

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

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