IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 29003 of 2008(C) -------------------------- PETITIONER(S): --------------- HAJI SIDDIK, S/O. ABOOBACKER, MADEENA MANZIL, MEEYAPPADAVU P.O., KASARAGODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. MEENJA GRAMA PANCHAYATH REP. BY ITS SECRETARY, KASARAGODE. 2. THE SECRETARY, MEENJA GRAMA PANCHAYATH, KASARAGODE. ADV. SRI.M.SASINDRAN FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 29003/2008 ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPLICATION. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29003 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd December, 2008. J U D G M E N T The petitioner is the owner of 22 cents of property in Meenja village of Kasaragod taluk. According to him, he started construction of a commercial building thereon in the year 2006 and completed the same in July, 2007. In the meanwhile, the Kerala Municipality Building Rules, 1999 was made applicable to all Panchayats with effect from 6-6-2007. According to the petitioner, since the petitioner had already started construction well before the date of the implementation of the Rules, the provisions of the Rules are not applicable to the petitioner. However, by way of abundant caution, the petitioner submitted an application dated 31-7-2007 for regularisation of the construction of the building as provided in Rules 143 and 144 of the Kerala Municipality Building Rules. Ext. P1 is the application. The petitioner's grievance in this writ petition is that the respondents are not taking action on Ext. P1 application for regularisation of the construction and to number the building of the petitioner. 2. Learned standing counsel, on instructions, submitted before me that on 14-11-2008, the petitioner himself had taken back Ext. P1 application and as such no application is pending before the Panchayat for consideration. Learned counsel for the petitioner submits that by an inadvertent mistake, that application was taken back by the petitioner and the petitioner would re-submit the same. In the above circumstances, I dispose of this writ petition with a direction to the competent among the respondents to consider and W.P.C. No. 29003/08 -: 2 :- pass orders on the application, if the same is re-submitted by the petitioner within one month from the date of re-submission of the application. Sd/- S. Siri Jagan, Judge. Tds/