KRISHNA KISHAN N.N v. THE THRISSUR MUNICIPAL CORPORATION

BY ADVS. SANTHOSH P.PODUVAL No Advocate R BY SR.GP SRI.E.G.GORDEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 36113 OF 2023 : 2 : JUDGMENT The petitioner was granted Ext.P1 building permit on 23.03.2014 for the construction of a six storied residential cum commercial building. He has submitted Ext.P3 completion certificate on

26.04.2023 and an application for occupancy certificate before the 2nd respondent. The 2nd respondent forwarded the application for occupancy certificate to the District Collector enquiring as to whether any NOC is required, since the building is near to the Viyyoor Central Jail. The Secretary of the Corporation, by Ext.P5, informed the petitioner that a reply from the District Collector is awaited as to whether an NOC is required. WP(C) NO. 36113 OF 2023 : 3 :

A counter affidavit has been filed on behalf of respondents 1 and 2. Paragraph ‘5’ thereof is extracted hereunder:

5. Security zone has been defined in Rule 2(cs) of Kerala Municipality Building Rules, 2019 as any area identified and delineated by the Home Department of the State Government as security zone. As per Rule 5(4) prior permission/NOC of District Collector is required for construction of building within any security zone. The respondents have not received any intimation from the District Collector as to the details of any notification declaring the area surrounding Viyyur Central Jail as security zone. The District Collector is a necessary party in the above writ petition. The respondents have not purposefully delayed the grant of occupancy certificate. It is on the basis of the objections noted by the District Collector WP(C) NO. 36113 OF 2023 : 4 : that the occupancy certificate was not issued.

The petitioner has also produced Ext.P7 judgment of this Court in respect of a building adjacent to that of the petitioner wherein this Court, taking note of the fact that the said building does not come within the notified security zone, directed the Corporation to process the application of the petitioner therein for occupancy certificate without insisting for NOC from the District Collector.

In view of the submission in paragraph 5 of the counter affidavit and taking note of the direction of this Court in Ext.P7 judgment in respect of the adjacent building of the petitioner, there will be a direction to the 2nd respondent to process the application of the petitioner for occupancy certificate without insisting for security clearance, as WP(C) NO. 36113 OF 2023 : 5 : expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. However, it is made clear that it will be open to the Ministry of Home or District Collector to take such steps, if any, warranted to maintain the security of the jail premises. The learned Government shall communicate a copy of this judgment to the District Collector, for in0formation. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 36113 OF 2023 : 6 : PETITIONER EXHIBITS APPENDIX Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 23/03/2014 Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE (COMPLETION) ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES DATED 18/05/2023 Exhibit P3 COPY COMPLETION TRUE REPORT/CERTIFICATE BY THE OWNER DATED 26/04/2023 THE OF Exhibit P4 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE DISTRICT COLLECTOR DATED 30/06/2023 Exhibit P5 TRUE COPY OF THE NOTICE/PROCEEDINGS OF THE 2ND RESPONDENT DATED 25/10/2023 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 01/09/2022 IN WP(C) NO. 27145/2022 Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 04/08/2023 IN WP(C) NO. 20149/2023