NARAYANAN Vs. KANNUR MUNICIPALITY

JUDGEMENT

(1.) The petitioner challenges Ext. P13 and Ext. P15. Ext. P13 is the stop memo issued by the Municipality on 18.11.2010 restraining the petitioner from making any further construction in respect of the permit issued on 3.10.2009 produced as Ext. P2. Ext. P15 is another order issued by the Government addressed to the Municipality directing cancellation of the permit issued in favour of the petitioner. The Municipality is also called upon to inform the Government the details of the Officers who had granted the building permit overlooking the defence requirements. The facts available on record would show that petitioner obtained a building permit as Ext. P1 for construction of 839.51 m2 comprising of ground + 3 floors for starting hotel business in the property. Subsequently, the petitioner obtained another building permit as Ext. P2 dated 03.10.2009 for constructing additional 4th and 5th floors as well. The Station Commander of defence establishment made a complaint on 03.10.2010 as Ext. P4 to the Municipality stating that the petitioner is constructing upper floors above the three floors without obtaining the 'No Objection Certificate' from them, which is against the existing Rules and therefore action should be taken to demolish the additional floors constructed by them.

(2.) Since nothing happened the Station Commander gave a complaint to the District Collector on 21.10.2010 as Ext. P10 requesting the District Collector to interfere in the matter stating that despite having issued notice to the Municipality, the construction is being carried on by the petitioner illegally and therefore request was made for taking appropriate action in the matter.

(3.) On the basis of Ext. P10 an enquiry was conducted by the District Collector and it seems that on the basis of a report from the District Collector the Government had issued Ext. P15 order. In the meantime the Municipality had also issued Ext. P9 letter dated 10.11.2010 informing the Station Commander that they had already forwarded an application for issuing 'No Objection Certificate' for increasing the floor height of the said building to 5 floors on 20.8.2007 and since the NOC was not received within the stipulated 30 days time, the application was considered by the Secretary and necessary permit was issued as Ext. P2. Since the Station Commander had stated that they did not receive the application dated 20.8.2007, Municipality made a further request to the Station Commander to issue NOC for construction in terms of R. 7(5) of the Kerala Municipality Building Rules (hereinafter referred as 'KMBR'). Pursuant to this a stop memo is issued by the Municipality in terms of Ext. P13.