KERALA HIGH COURT ADVOCATES Vs. STATE OF KERALA

JUDGEMENT

(1.) The Kerala High Court Advocates Association, hereinafter referred to as the Association, has filed the above writ petition for a direction to quash Ext. P10 order issued by the second respondent. The issue relates to the construction of a multi storied chamber complex in the old High Court campus. The respondents are State of Kerala and Secretary, Corporation of Cochin. During the pendency of the writ petition, four lawyers who are the members of the petitioner Association, filed individual applications for getting themselves impleaded in the writ petition. The said persons were impleaded as additional respondents 3 to 6. The facts leading to the filing of the writ petition are as follows:

(2.) The old High Court building (Ram Mohan Palace) was once the temporary abode of a Viceroi prior to the 2nd world war. During the 2nd world war, the said building was used as a hospital. When the Travancore-Cochin High Court was established at Cochin on 7.7.1949, the Association started permissive occupation of one building in the compound. There is a courtyard in front of the Association building. This Court can take judicial notice of the fact that the members of the Association are using the courtyard for different purposes including car parking. So it can be lawfully presumed that the Association was in occupation or in use, as the case may be, of the Association building and appurtenant land referred to above. Some other structures like bunks were also put up in the said compound in front of the Association building for catering the needs of the Association members.

(3.) On the basis of Ext. P1 order and Ext. P2 Letter of consent and no objection, the Association submitted requisite application and plan for issuance of a building permit before the 2nd respondent Corporation. Before issuance of the building permit and approved plan, the Senior Town Planner inspected the site mentioned in the application for permit and submitted report to the Corporation. The Association submitted the building plan with a footprint area of 31 cents with cellar parking facility and the open space surrounding the proposed building was also earmarked as open area for parking of cars. After perusing the application for building permit and other relevant details including the report from the Senior Town Planner and after considering the order of the Chief Town Planner which was based on the report of the Senior Town Planner, the 2nd respondent Corporation issued Ext. P3 building permit subject to conditions and also issued the approved plan. The building permit is dated 3.10.2008. The 4 conditions stated in Ext. P3 building permit are as follows: