M/S. Olive Builders v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 36016 of 2015 (B) ---------------------------- PETITIONER:

------------------ M/S. OLIVE BUILDERS, REPRESENTED BY ITS PARTNER P.V.MATHAI, AGED 54 YEARS, S/O.P.U.VARGHESE, R/O.BHAWA CO-PERATIVE SOCIETY, 3001, PLOT NO.55, SECTOR-29, VASHI, NAVI MUMBAI - 400 703, THROUGH HIS POWER OF ATTORNEY HOLDER A.O.THOMAS, AGED 56 YEARS, S/O.OUSEPH, R/O ADATHIL HOUSE, THIRUVANIYOOR VILLAGE, ERNAKULAM.

BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.

2. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OF THIRUVANANTHAPURAM-695001.

3. DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM-695001.

4. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM UNIT, SASTHAMANGALAM - 695 010.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36016 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE LOCATION CERTIFICATION DT.27-3-2013 ISSUED BY THE VILLAGE OFFICER, ATTIPRA.

EXHIBIT P2 :

TRUE COPY OF THE NOC NO.G1004/08 DT.15-4-2008 ISSUED BY FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM. EXHIBIT P3 :

TRUE COPY OF THE BUILDING PERMIT NO.ZA2/504/08 DT.7-6-2008 ISSUED BY THE SECRETARY, THIRUVANANTHAPURAM CORPORATION.

EXHIBIT P4 :

TRUE COPY OF THE CERTIFICATE OF RENEWAL OF PERMIT NO.ZAE1610/11 DT.21-11-2011 ISSUED BY SECRETARY, THIRUVANANTHAPURAM CORPORATION.

EXHIBIT P4(a) :

TRUE COPY OF THE CERTIFICATE OF RENEWAL OF PERMIT NO. ZAE 1610/11 DT.27-11-2011 ISSUED BY SECRETARY, THIRUVANANTHAPURAM CORPORATION.

EXHIBIT P5 :

TRUE COPY OF THE ORDER OF CONSENT TO ESTABLISH NO.PCB/HO/TVM/ICM/16/2009 ISSUED BY THE KERALA POLLUTION CONTROL BOARD DT.2-4-2009.

EXHIBIT P6 :

TRUE COPY OF THE ORDER OF RENEWAL NO.PCB/RO/TVM/ICER/23/2013 DT.26-6-2013 ISSUED BY THE KERALA POLLUTION CONTROL BOARD.

EXHIBIT P7 :

TRUE COPY OF THE NOC NO.AAI/SR/NOC/RHG DT.15-12-2014 ISSUED BY AIRPORTS AUTHORITY OF INDIA.

EXHIBIT P8 :

TRUE COPY OF THE COMPLETION CERTIFICATE DT.9-12-2014 BY THE OWNER.

EXHIBIT P9 :

TRUE COPY OF THE COMMUNICATION NO.2001/15/VACB/TVM ISSUED TO R2 BY THE INSPECTOR OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

ncd

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 36016 OF 2015 ---------------------------------------- Dated this the 15th day of December, 2015

JUDGMENT

The petitioner seeks occupancy certificate in regard to the building covered by Ext. P8 completion certificate. It is submitted on behalf of the Corporation that the application for occupancy certificate will be processed on the petitioner producing the 'consent to operate'. The consent to operate has to be issued by the Pollution Control Board for which an application is pending.

2.

It is open to the petitioner to produce the consent to operate with the second respondent as early as possible. The petitioner undertakes to produce the consent to operate within a period of two weeks from today. The application for occupancy certificate shall be processed and final orders shall be passed within one month from the date of production of the consent to operate.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS