Kerala High Court
Madhusudanan B vs Archaeological Survey Of India
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY,THE 21ST DAY OF NOVEMBER 2013/30TH KARTHIKA, 1935
WP(C).No. 24998 of 2013 (Y)
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PETITIONER : -
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MADHUSUDANAN B.,
AGED 38 YEARS,
S/o N. BABU,
ODASSERIL HOUSE,
PERUMPADANNA,
NORTH PARAVOOR - 683 513,
ERNAKULAM DISTRICT.
BY ADVS.SRI.S.SREEDUTT
SRI.ANIL PRASAD
SRI.C.PRAVEEN KUMAR
RESPONDENTS : -
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1. ARCHAEOLOGICAL SURVEY OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL,
BLOCK No. D, GPOA, INA, NEW DELHI - 110 023.
2. THE SUPERINTENDING ARCHAELOGIST (LICENSING AUTHORITY),
ARCHAELOGICAL SURVEY OF INDIA (MINISTRY OF TOURISM AND CULTURE)
GOVERNMENT OF INDIA), THRISSUR CIRCLE OFFICE,
PURATATTVABHAVAN, FF 19 (a), KSHB FLATS, BLOCK No.3,
PULLAZHY HOUSING SCHEME, PULLAZHY P.O., THRISSUR - 680 012.
3. NATIONAL MONUMENTS AUTHORITY REPRESENTED BY
ITS ADMINISTRATIVE OFFICER, 24, TILAK MARG,
NEW DELHI - 110 001.
4. COMPETENT AUTHORITY (AMASR) FOR STATEOF KERALA UNDER
NATIONAL MONUMENTS AUTHORITY, SREEPADAM PALACE,
FORT P.O.,THIRUVANANTHAPURAM - 695 023.
5. VILLAGE OFFICER, METHALAVILLAGE,
ARAKULAM, KODUNGALLOOR - 680 664.
6. KODUNGALLOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY,
KODUNGALLOOR - 680 664, THRISSUR DISTRICT.
R1 -R4 BY ADV.SRI.DINESH R.SHENOY,SC,
ARCHAEOLOGICAL SURVEY OF INDIA
BY GOVERNMENT PLEADER SMT. K.T. LILLY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24998 of 2013 (Y)
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APPENDIX
PETITIONER'S EXHIBITS :
Exhibit P1 : TRUE COPY OF THE LICENCE, F. No.1/119/TSR/2005-M/3965 DATED
25.09.2007 IN FORM VIII FOR CONSTRUCTION ISSUED BY THE 2nd
RESPONDENT TO THE PREVIOUS OWNER OF THE PROPERTY.
Exhibit P2 : TRUE COPY OF THE APPLICATION DATED 12.09.2012 FOR GRANT OF
PERMISSION FOR UNDERTAKING CONSTRUCTION IN THE REGULATED
AREA OF AN ARCHAELOGICAL SITE SUBMITTED IN FORM I BEFORE THE
COMPETENT AUTHORITY BY THE PETITIONER.
Exhibit P3 : TRUE COPY OF THE RECEIPT No. 01/11301105843 (003870) DATED
19.06.2013 ISSUED BY THE PUBLIC SERVICE CENTRE OF THE 6th
RESPONDENT ON RECEIVING THE APPLICATION FOR BUILDING PERMIT.
Exhibit P4 : TRUE COPY OF THE RECEIPT No.PW2-14597/13 DATED 26.08.2013 ISSUED
BY THE 6th RESPONDENT ON RECEIVING THE REPRESENTATION FOR A
SPEEDY DISPOSAL OF HIS APPLICATION FOR BUILDING PERMIT.
RESPONDENTS' EXHIBITS :- NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON,J.
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W.P (C) NO. 24998 of 2013
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Dated this the 21st day of November, 2013
JUDGMENT
The petitioner is the owner of the property having an extent of 04 Ares and 76 Square Meters (equivalent to 11 Cents and 750 Square Links) with all improvements in Sy.No. 7/8 of Methala desom in Methala Village described in Sale Deed No.1432/1/2010 dated 30.03.2010 of Sub Registrar Office, Kodungalloor. It is stated that, the petitioner's property is situated within the restricted area of archaeological importance, with proximity to the Thiruvanchikulam Siva Temple. By virtue of Rule 10 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, no person shall undertake any construction or mining operation within the protected area, except under and in accordance with the permission W.P (C) NO. 24998 of 2013 2 granted on this behalf by the Central Government. Sub Rule (2) of the said Rule stipulates that, such an application has to be made to the Central Government in Form-I at least 3 months before the date of commencement of the construction or operation.
2. Learned counsel for the petitioner points out that, the petitioner, in connection with the proposed construction of the residential building in the property, submitted Exhibit.P2 application dated 12.09.2012 before the fourth respondent for being processed and to be forwarded to the competent authority to grant necessary sanction. All the relevant particulars have been furnished along with the said application as prescribed. In spite of the lapse of nearly 14 months, it is still left in the cold storage, and hence the writ petition.
3. Learned Standing Counsel appearing for the respondents 2 and 4 submits that, the application preferred by the petitioner before the fourth respondent has already been forwarded to the second respondent. In spite of two adjournments granted by this Court, no further instructions are forthcoming. After hearing both the sides including the W.P (C) NO. 24998 of 2013 3 learned Government Pleader, this Court finds that, the proceedings have to be taken to a logical conclusion in tune with the relevant provisions of law. In the said circumstance, there will be a direction to the competent authority to consider Exhibit.P4 application preferred by the petitioner, and pass appropriate orders in accordance with law, so as to grant the building permit to the petitioner in terms of Rule 10(2) of the Ancient Monuments and Archaeological Sites and Remains Rules,1959. The proceedings as above shall be finalized at the earliest, at any rate, within a period of 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition to the concerned respondent for further steps.
4. If the competent authority fails to finalize the proceedings as above, and the outcome is not let known to the petitioner within the period as above, it will be open for the sixth respondent/local authority to consider the application preferred by the petitioner if any for granting necessary permit and to pass appropriate orders thereon, which exercise shall be completed at the earliest, at any W.P (C) NO. 24998 of 2013 4 rate, within a period of one month from the date of expiry of the original period of two months mentioned herein before.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON JUDGE DMR/-