Kerala High Court
A.Sasi Kumar vs The Competent Authority on 8 April, 2013
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 3RD DAY OF DECEMBER 2013/12TH AGRAHAYANA, 1935
WP(C).No. 25781 of 2013 (W)
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PETITIONER:
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A.SASI KUMAR,
S/O.AMMU AMMA, ELLATH HOUSE, NEAR SREE RAMA TEMPLE,
TRIPRAYAR P.O., VALAPPAD, THRISSUR DISTRICT,
PIN - 680 567.
BY ADV. SRI.P.K.MANOMOHANAN.
RESPONDENTS:
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1. THE COMPETENT AUTHORITY,
KERALA CIRCLE (AMASR),
ARCHAEOLOGICAL SURVEY OF INDIA, SREEPADAM PALACE,
FORT P.O., THIRUVANANTHAPURAM, PIN - 695 023.
2. NATIONAL MONUMENTS AUTHORITY,
REPRESENTED BY THE MEMBER SECRETARY,
ARCHAEOLOGICAL SURVEY OF INDIA, 24, TILAK MARG,
NEW DELHI - 110 001.
3. THE SUPRENDING ARCHAEOLOGIST,
ARCHAEOLOGICAL SURVEY OF INDIA, THRISSUR SUB CIRCLE,
IYYANATH LANE, CHEMBUKAVU, THRISSUR - 680 020.
BY ADV. SRI.DINESH R.SHENOY,S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-12-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.25781/2013-W:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P-1: TRUE COPY OF THE TILE DEED NO.408 OF 2003 IN THE NAME OF THE
PETITIONER.
EXT.P-2: TRUE COPY OF BASIC TAX RECEIPT NO.7102906 DATED 8.4.2013 IN
THE NAME OF THE PETITIONER.
EXT.P-3: TRUE COPY OF BUILDING TAX RECEIPT NO.0409604 OF GRAMA
PANCHAYATH,NATTIKA.
EXT.P-4: TRUE COPY OF APPLICATION DATED 3.1.2012 BY PETITIONER TO
RESPONDENT NO.1.
EXT.P-5: TRUE COPY OF ACKNOWLEDGEMENT SHOWING DATE OF RECEIPT
OF APPLICATION AS 5.1.2012 BY RESPONDENT NO.1.
EXT.P-6: TRUE COPY OF LETTER DATED 30.1.2012 FOR FURTHER DOCUMENTS
BY RESPONDENT NO.1 TO PETITIONER.
EXT.P-7: TRUE COPY OF LETTER DATED 1.3.2012 SUBMITTING DOCUMENTS BY
PETITIONER TO RESPONDENT NO.1.
EXT.P-8: TRUE COPY OF LETTER DATED 9.10.2012 SUBMITTING REVISED PLAN
BY PETITIONER TO RESPONDENT NO.1.
EXT.P-9: TRUE COPY OF LETTER NO.688/12/CA/AMASR DATED 17.7.2013
RECOMMENDING PERMISSION BY RESPONDENT NO.1 TO
RESPONDENT NO.2.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 25781 of 2013
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Dated, this the 3rd day of December, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers :
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No. 1 and 2 to consider the application of the petitioner (Exhibit P3), received by the respondent No. 1 on 05.01.2012 as per acknowledgment and pending before them and to grant permission for the construction of extension work on the existing residential building in the landed property of the petitioner (as per Exhibit P1).
ii. To issue any other writ, order or direction and declare that the non compliance of the statutory time limit 3 = months can be presumed as per the permission is granted for the said construction and it amount to waive of the power of respondents to refuse the permission for construction and it also mount to acquiescence of the permission for said construction of the said extension work on the existing residential building of the petitioner in the regulated area of the Monument.
iii. To such other reliefs which deems fit and proper in the circumstances of the case.
W.P.(C) No. 25781 of 2013 : 2 :
2. The learned counsel for the petitioner points out that the petitioner, being a law abiding citizen, submitted Ext. P4 application as early as on 03.01.2012, seeking for necessary clearance under the relevant provisions of law, so as to construct a residential building in the property owned by the petitioner in survey No. 289/2 of Nattika Village, which is at a distance of 200 m. away from the archaeological monument Sree Rama Temple, Triprayar. Receipt of Ext. P4 stands acknowledged as borne by Ext. P5 receipt. In spite of further steps taken by the petitioner, also submitting all the necessary documents including revised plan, the proceedings have not been finalized so far. This made the petitioner to approach this Court by filing writ petition, pointing out that the respondents have not paid any regard to the time limit prescribed under the relevant provsions of the Ancient Monuments and Archaeological Sites and Remedies Act 1958.
3. The learned counsel appearing for the respondent submits that the delay is only because of the procedural formalities to be completed and there is no wilful lapse on the part of the respondents. It is stated that the entire proceedings will be finalized within a period of two months.
W.P.(C) No. 25781 of 2013 : 3 :
4. In the said circumstances, the writ petition is disposed of, directing the respondents to finalize the proceedings pursuant to Ext. P4 and pass appropriate orders, after hearing the petitioner and communicate the same, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondents for further steps.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd