CAPITAL RETREAT PRIVATE LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, which is a company registered under the provisions of the Companies Act , 1956, had originally approached this Court, through this writ petition, seeking that their application for extension of a building permit, namely Ext.P5, be directed to be taken up and disposed of by the Secretary of Thiruvananthapuram Corporation. However, pending this lis, noticing that the maximum time frame as per the applicable Building Rules for extension of a building permit has already expired, the petitioner appears to have preferred Ext.P14 application under the provisions of Chapter XA of the Kerala Municipality Building Rules (KMB Rules), seeking extension of the building permit beyond nine years and has produced the same on record as Ext.P14.

(2.) The limited plea of the petitioner, as voiced through their learned counsel Shri.C.S.Manu, is that Ext.P14 be directed to be forwarded by the Secretary of the respondent-Corporation to the competent Committee constituted under the afore Chapter of the KMB Rules, namely the 2 nd respondent herein, within a time frame to be fixed by this Court.

(3.) Shri.N.Nandakumara Menon, learned Senior Counsel, instructed by Shri.P.K.Manojkumar, learned Standing Counsel for Thiruvananthapuram Corporation, submitted that since more than nine years have elapsed after the original permit had been granted to the petitioner, the reliefs sought for in the writ petition cannot be allowed; but that Ext.P14 can certainly be transmitted by the Secretary of the Corporation to the competent Committee, through the Regional Town Planner. The learned Senior Counsel says that if this Court is so inclined, the Secretary will forward the application, along with all relevant documents to the Committee, for their consideration in terms of law.