Augustine Michael vs State Of Kerala

S.Manikumar, C.J.

Being aggrieved by the interim order dated 6.5.2022 in W.P. (C)No.12852 of 2022, this writ appeal is filed.

Appellant is the petitioner in the writ petition and he is the owner of the commercial building 'Michael Plaza Convention Centre', situated at Ramapuram town in Ramapuram Grama Panchayat. Writ petition was filed mainly aggrieved by Ext.P5 notice, dated 2.4.2022, issued by the third respondent/the Secretary, Ramapuram Grama Panchayat directing to stop the usage and occupation of the auditorium at the first floor portion of Michael Plaza Convention Centre, established by the appellant.

Reliefs sought for in the writ petition are as follows:

“a) issue a writ of certiorari or any other appropriate writ or order calling for the records relating to Ext.P5 and to quash the same.

b) issue a writ of mandamus or any other writ, direction or order directing the 4th and 5th respondents to pass final orders on Ext.P4 within a time as directed by this Hon'ble Court.

c) issue a writ of mandamus or any other writ, order or direction directing the 2nd and 3rd respondent to grant a breathing time to produce the NOC from the Fire and Safety authorities and to regularize the unauthorized construction completed by the petitioner, taking note of Covid 19 pandemic and the lockdown declared in the State.

d) Issue a writ of mandamus or any other writ, direction or order directing the 2nd and 3rd respondents to consider Ext.P7 and permit the petitioner to conduct the pre-scheduled functions and ceremonies at the Michael Plaza Convention Centre during April-May, 2022.”

Considering the rival submissions, on 6th April 2022 a learned Single Judge has passed an interim order, directing the respondents to permit functioning of the auditorium specifically for the conduct of the functions as intimated by the appellant in Ext.P7. Later, on 13.4.2022, 5th respondent/the Regional Fire Officer, Fire and Rescue Services, Kottayam issued Ext.P8 No Objection Certificate (Completion) in relation to the building in question owned by the appellant.

It is submitted by Mr.K.C.Vincent, learned counsel for the appellant that on an earlier occasion, appellant has preferred I.A.Nos.2 and 3 of 2022 in the writ petition.

I.A.No.2 of 2022 was for accepting the documents on record and I.A.No.3 of 2022 was for a direction to the second and third respondents to finalise the regularization application expeditiously in view of Ext.P8 No Objection Certificate and to permit the writ petitioner to conduct the functions and ceremonies at Michael Plaza Convention Centre pending finalization of the regularisation application.

On 6.5.2022, learned Single Judge has passed another interim order declining permission, with an observation that the interim order dated 6.4.2022 had permitted only 7 functions mentioned in Ext.P7 to be conducted, and that the appellant cannot conduct any functions in the auditorium in question, until the building is numbered and construction is regularized by the Panchayat.

Being aggrieved by the above interim order dated 6.5.2022 in W.P.(C)No.12852 of 2022, by which, the appellant was directed not to conduct any functions in the auditorium in question until the building is numbered and construction is regularized by the Panchayat, this writ appeal is preferred by the appellant.

It is brought to the notice of this court that in the writ appeal, one Prabhavathyamma has preferred I.A.Nos.3, 4 and 5 of 2022 in which, I.A.No.3 of 2022 is filed seeking leave to the applicant to seek impleadment in the writ appeal. I.A.No.4 of 2022 is filed to permit the impleadment of the applicant as additional respondent No.9 in the writ appeal. I.A.No.5 of 2022 is filed to permit the petitioner therein (Prabhavathyamma) to conduct the function and ceremony of the petitioner's daughter Lakshmi Priya's marriage with Vaisakh Harikumar schedule to be held on 26th May 2022 at Michael Plaza Convention Centre, Ramapuram.

Reasons assigned in I.A.Nos.3 and 4 of 2022 are as follows:

“I am not a party to W.P.(C)No.12852 of 2022 wherein an interim order was passed by this honourable court on 6.5.2022 which is impugned in this writ appeal. The appellant herein filed the writ petition challenging the notice issued by the Grama Panchayat directing to stop functioning of the Auditorium established at Ramapuram under the banner Michael Plaza Convention Centre. To my information such a direction was issued as the appellant had not obtained NOC from the Fire and Rescue Department.

But this Honourable Court on 6.4.2022 permitted the appellant to conduct the functions scheduled in the auditorium upto 1.5.2022. When I approached the appellant for booking the auditorium for conducting the marriage of my daughter on 20. 3.2022, it was informed that at present there is permission only to conduct functions upto 1.5.2022 but the appellant had already secured NOC and is moving the Grama Panchayat and High Court for permission. We on an impression that if the appellant had secured NOC there may not be any objection in conducting functions, fixed the subject Auditorium as venue for conducting the marriage of my daughter on 26.5.2022.

Now it is informed that this Honourable Court had issued an interim order on 06.05.2022 directing that the appellant cannot conduct any functions in the auditorium in question until the building is numbered and the construction is regularized by the Panchayat. In the above circumstances the functions scheduled to 26th of May 2022 cannot be conducted in the subject Auditorium.

Though the interim order passed by this Hon'ble Court on 6. 05.2022 does not prohibit the petitioner in any manner, since they are not parties to the above writ appeal. The said order dated 06.05.2022 detrimentally affects this petitioner. While I was proposing to approach this Hon'ble Court for obtaining orders permitting me to conduct the functions on 26 May 2022, I was informed that Writ Appeal had already been filed by the owner of the Auditorium. The enquiry revealed that in the aforesaid Writ Appeal the Hon'ble Division Bench had permitted the conduct of the functions on 12th and 16th of May 2022 and the functions were conducted on those days. Therefore, I bonafide believed that the appellant had finally obtained all the required permissions for running the auditorium in full fledge.

Since the marriage is scheduled to be held on 26.05.2022, I approached the appellant on the morning of 23.05.2022 for obtaining the key of the auditorium and also for the required permission to clean the premises of the auditorium. Only then to my shock and dismay I was informed that vide order dated 10. 05.2022, while this Hon'ble Court permitted the functions scheduled to be held on 12th and 16th of May 2022 imposed an interdict in the following terms.

“It is made clear that the petitioner shall not conduct any other function in the auditorium in question other than as ordered above, until the building is numbered and the construction is regularized by the Grama Panchayath and license issued. It is also ordered that Grama Panchayath shall consider the application for regularization submitted by the petitioner and shall take a decision within a period of three weeks".

Immediately on coming know about the above facts, I made frantic efforts to make alternate arrangement. But on account of the torrential rain, it has become impossible for me to make any alternate arrangement. Ofcourse there is an auditorium attached to the Catholic Church at Ramapuram. But the church authorities will not grant permission to non-Christians for conducting "ceremonies" of the marriages of the members belonging to other communities.

In the aforesaid view of the matter, I have no other option but to seek impleadment in the above writ appeal and also seek permission before this Hon'ble Court to conduct my daughter's marriage scheduled to be held on 26.05.2022. In this context, I may point out to this Hon'ble Court that I am a widow. My late husband Mr. U.V.Sreekumar was a retired District Judge. Since I was constrained to be along with my husband all throughout his judicial career in various stations throughout Kerala I have practically no contact in my present locality, wherein I started residence only after the death of my husband.

I am filing an application seeking impleadment as additional respondent No.9 in the above appeal, and I pray that the same may be granted. I am also filing a separate application seeking leave to get myself impleaded in the above appeal.”

Considering the facts and circumstances of the case, as also the reasons assigned in the supporting affidavit, I.A.Nos.3 and 4 of 2022 are allowed. Smt.Prabhavathyamma, W/o late U.V.Sreekumar (Rtd. District Judge), residing at Umavelayudhavilasam House, Edakkolly, Chakkampuzha-P.O., Pala, Kottayam is impleaded as additional respondent No.9 in the writ appeal. Registry is directed to make necessary amendments.

Mr.K.C.Vincent, learned counsel for the appellant, submitted that for the proposed marriage on 26.5.2022, advance has already been received. However, the said function was not brought to the notice of the writ court when the writ petition was taken up for consideration and the interim order was passed. He further submitted the appellant has not received advance for any other event to be performed in the subject site, as the application for regularization is pending consideration. Submission of the learned counsel for the appellant is placed on record.

Mr.Georgekutty Mathew, learned Standing Counsel appearing for the 2nd and 3rd respondents/Ramapuram Grama Panchayat represented by the Secretary, submitted that the required sketch has not been produced by the appellant.

However, Mr.K.C.Vincent, learned counsel for the appellant submitted that the sketch has already been submitted before the authorities and the construction of the ground floor was completed with valid permit. Application for regularization for the first floor is still pending before the Panchayat authorities. Be that as it may, it is a matter for consideration by the Secretary of the Ramapuram Grama Panchayat/respondent No.4.

However, giving due consideration to the reasons assigned in the supporting affidavit filed along with the interlocutory applications that the additional 9th respondent has paid advance for solemnizing the marriage of her daughter on 26.5.2022 at the subject site and the nonavailability of any other auditorium during the rainy season, we are of the view that permission sought for should be granted to the additional respondent No.9 in the writ appeal.

I.A.No.5 of 2022 is allowed and the petitioner in I.A.No.5 of 2022 is permitted to conduct the function and ceremony of her daughter schedule to be held on 26th May, 2022 at Michael Plaza Convention Centre, Ramapuram. However, we make it clear that the function should be in accordance with the statutory provisions.

By way of interim direction dated 10.05.2022, Hon'ble Division Bench of this court has directed Ramapuram Grama Panchayat to consider the application for regularization submitted by the appellant/petitioner, within three weeks thereafter. Two weeks have already been elapsed. Subject matter is under the consideration by the Panchayat.

At this stage Mr.K.C.Vincent, learned counsel for the appellant, prays for disposal of the writ appeal with direction to the respondent Panchayat to consider the application for regularisation within a time limit.

Placing on record the above, writ appeal is disposed of with a direction to the Ramapuram Grama Panchayat to consider the application for regularization submitted by the appellant/petitioner, within the specified time period prescribed by the court.