T.P. BIJU Vs. ATTINGAL MUNICIPALITY

JUDGEMENT

(1.) The petitioner, who is stated to be the Secretary of a Club by name "Attingal Club" at Attingal, Thiruvananthapuram, has approached this Court seeking directions to be issued to the Attingal Municipality to consider the Club's application for issuance of occupancy certificate and numbering of the building constructed by them, which he asserts has been done in compliance with all necessary requirements and conditions in law.

(2.) The petitioner says that the sole reason why the Secretary is refusing to issue occupancy certificate and to number the building, is because the Club has not obtained an NOC from the Fire and Safety Department; but he says that this is unnecessary, since the building in question has been in existence for the last more than 22 years and that only a small addition has been made thereon, which cannot be treated as a new construction but only a complement to the old one.

(3.) The petitioner, therefore, prays that the Panchayat be directed to consider the Club's application on the strength of Ext.P5 proceedings issued by the Fire and Safety Department as also on the basis of Ext.P7 inspection report and test certificate issued by a competent expert on Fire fighting mechanisms, as expeditiously as is possible but within a time frame to be fixed by this Court.