Sunny Mathew vs Pathanamthitta Municipality on 11 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5978 of 2009(N)


1. SUNNY MATHEW, S/O. THOMAS MATHAI,
                      ...  Petitioner
2. MONCY VARGHESE,S/O. THOMAS VARGHESE,

                        Vs



1. PATHANAMTHITTA MUNICIPALITY,
                       ...       Respondent

2. DIRECTOR OF FIRE FORCE,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :11/03/2009

 O R D E R
                        S. SIRI JAGAN, J.
                 ------------------------------------
                   W.P.(C)No.5978 OF 2009
               ----------------------------------------
               Dated this the 11th day of March, 2009

                            JUDGMENT

The petitioners’ grievance in this writ petition is that in

respect of a building constructed with the permit of the

Municipality, the Municipality is not forwarding the application for

Fire NOC to the 2nd respondent. They, therefore, seek a direction

to the Municipality to forward their application to the 2nd

respondent for grant of Fire NOC.

2. I have heard the learned Standing Counsel appearing

for the Municipality also. The learned Standing Counsel for the

Municipality submits that the Municipality is taking steps to

initiate fresh proceedings against the petitioners as directed in

Ext.P8 order of the Tribunal.

3. I am of opinion that the proposed action to be initiated

by the Municipality need not stand in the way of the Municipality

forwarding the application for Fire NOC to the 2nd respondent

without prejudice to the contention of the Municipality that the

construction is in violation of the Kerala Municipality Building

W.P.(c)No.5978/09 2

Rules.

In the above circumstances, the writ petition is disposed

of with a direction to the Municipality to forward the

application for Fire NOC submitted by the petitioners to the 2nd

respondent without prejudice to the right of the Municipality to

take appropriate action as permitted by Ext.P8 order. I make

it abundantly clear that the fact that the Municipality has

forwarded the application to the 2nd respondent shall not be

held as estopping the Municipality from taking the contention

that the construction is in violation of the Kerala Municipality

Building Rules, if the construction is in fact in violation of

Rules. The application shall be forwarded to the 2nd

respondent within a period of two weeks from the date of

receipt of a copy of this judgment.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.5978/09 3