High Court of KeralaWP(C)/8896/2015disposed of

M/S.Confident Projects (India) Pvt. Ltd. v. State Of Kerala

2015-10-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 8896 of 2015 (J) -------------------------------------- PETITIONER(S):

----------------------- M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD., CONFIDENT HOUSE, 868/2, S.A.ROAD-VYTTILA, KOCHI-19, REP. BY ITS MANAGING DIRECTOR T.A.JOSEPH, S/O.LATE ALEXANDER THERUVIPARAMBIL 33/2652 D, THERUVIPARAMBIL HOUSE, VENNALA P.O., KOCHI, ERNAKULAM.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE COMMANDANT GENERAL, KERALA FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM - 695 001.

R1 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 BY DR. K. P.PRADEEP, AMICUS CURIAE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 8896 of 2015 (J) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 : TRUE COPY OF THE CIRCULAR NO.8/2014 ISSUED BY THE 2ND RESPONDENT.

EXT P2 : TRUE COPY OF THE GOVERNMENT ORDER DATED 23-12-2014 OF THE 1ST RESPONDENT.

EXT P3 : TRUE COPY OF THE STANDING ORDER NO.14/2014 DATED 16-12-2014 OF THE 2ND RESPONDENT.

EXT P4 : TRUE COPY OF THE STANDING ORDER NO.1/2015 DATED 14-01-2015 OF THE 2ND RESPONDENT.

EXT P5 : TRUE COPY OF THE GO(MS)NO.107/2013 DATED 08-04-2013. RESPONDENT(S)' EXHIBITS:

----------------------------------------- EXT.R1(a): TRUE COPY OF THE LIST OF EQUIPMENTS AND FACILITIES WHICH ARE REQUIRED TO BE ACQUIRED URGENTLY AND THE COST OF ACQUIRING THE SAME.

//TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 8896 of 2015 ---------------------------------------- Dated this the 8th day of October, 2015

J U D G M E N T

This writ petition is filed challenging the decision of the Government (Ext.P4) regarding the enhancement of fee for issuing No Objection Certificate. The petitioner submits that now the Government have revised the enhancement and reduced it. In Ext.P3, it is stated that even if re-inspection is required, the petitioner has to pay the same rate of fee at the time of issuance of No Objection Certificate.

2. Leaving open the above issue, this writ petition is closed, with liberty to challenge the action of the respondents in future, if fresh fee is demanded, based on re-inspection. sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO.8896 OF 2015 :-2-: