IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24391 of 2010(Y)
1. ABDUL LATHEEF, S/O.ABDUL KHADER MUSALIAR
... Petitioner
Vs
1. THE SECRETARY, NANNAMBRA GRAMA
... Respondent
2. DISTRICT COLLECTOR, MALAPPURAM.
3. STATE OF KERALA, REP.BY
4. UNION OF INDIA, REPRESENTED BY
For Petitioner :SRI.T.V.GEORGE
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/08/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.24391 of 2010-Y
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Dated this the 13th day of August, 2010.
JUDGMENT
The petitioner is the General Secretary of a charitable trust, who is
seeking for a direction to the Panchayat to number the petitioner’s building.
There is also a challenge against Ext.P5 communication issued by the
Panchayat, whereby the Panchayat required the petitioner to approach the
District Collector to get a permission in the matter.
2. Heard learned counsel for the petitioner and learned counsel for
the Panchayat.
3. Ext.P1 is the copy of the application submitted by the petitioner.
The petitioner has actually purchased it after construction. The permit
issued by the Panchayat is for construction of a community hall. According
to the counsel for the Panchayat, now the petitioner wants permission to
have the use of the building as a “Niscara Palli”. The petitioner is also
challenging Ext.P6 amendment to the Kerala Municipality Building
Rules,wherein a proviso has been added to Rule 6B which is in the
following terms:
“Provided that in the case of construction of new building or
wpc 24391/2010 2
reconstruction or alteration or addition or extension of existing
building for religious purpose or worship, prior approval or
clearance or permission and concurrence as the case may be, of the
District Collector concerned shall be obtained and the conditions
stipulated in the Manual of Guidelines to Prevent and Control
Communal Disturbances and to Promote Communal Harmony
which is in force have to be complied with. Applications for
renovation without involving additional built-up area or structural
alterations of existing buildings for religious purpose or places of
worship can be considered by the Secretary after informing the
District Collector in form in Appendix – N duly filled by the
applicant and verified by the Secretary. The permit shall be issued
only after the concurrence of the District Collector.”
According to the petitioner, the proviso cannot have any application as the
permit was issued prior to the introduction of the proviso.
4. Learned counsel for the Panchayat submitted that the said question
has rather become academic in the light of the fact that already the
petitioner has submitted an application to the Secretary of the Panchayat on
6.8.2010 in Appendix N. It is submitted that the Panchayat will forward it
to the District Collector for obtaining his concurrence and if concurrence is
thus granted by the District Collector, further action will be taken by the
Panchayat.
5. In that view of the matter, there will be a direction to the first
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respondent to forward the application submitted by the petitioner in
Appendix – N to the second respondent District Collector without any delay
and on receipt of the application, the second respondent will considered the
same in terms of the amended rules as well as any other orders/circular
which are in force and an appropriate decision will be taken with regard to
the grant of concurrence after conducting due enquiries in the matter, which
will be communicated to the first respondent Panchayat within a period of
two months from the date of receipt of the application in Appendix – N,
from the Panchayat. Depending upon the same, the Panchayat will take
further action in the matter with regard to the numbering of the building
constructed by the petitioner.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/