IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 37860 of 2010(F) -------------------------- PETITIONER(S): --------------- THE ERNAKULAM CO-OPERATIVE HOUSE, CONSTRUCTION SOCIETY LTD.NO.E169, GIRI NAGAR, ERNAKULAM, REPRESENTED BY THE SECRETARY. BY ADV. SRI.K.P.SREEKUMAR SRI.PRAKASH PUTHIADAM RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, EAST ZONAL OFFICE, CORPORATION OF COCHIN, VYTTILA-682 019. 2. THE REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, ERNAKULAM-20. ADDL. 3. THE CORPORATION OF COCHIN, REPRESENTED BY THE SECRETARY, COCHIN - 682 011. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 23.12.2010 IN I.A.NO.17837/2010) ADV. SRI.S.RAMESH BABU, SC.COCHIN CORPN. FOR R1-3 SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37860 of 2010(F) APPENDIX EXT.P1: TRUE COPY OF THE GOVT. ORDER DATED 20.2.1999. EXT.P2: TRUE COPY OF THE LETTER DATED 12.7.1999 ENCLOSING THE REVISED LAY OUT FOR ELAMKULAM EAST HOUSING SCHEME SPONSORED BY THE PETITIONER SOCIETY. EXT.P3: TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 20.4.2010 TO THE 1ST RESPONDENT. // TRUE COPY // P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.37860 of 2010 ---------------------------------------- Dated 27th January, 2011 JUDGMENT The petitioner is a society registered under the Kerala Co- operative Societies Act, 1969. The society possesses 50 cents of land comprised in Survey No.436/1 of Elamkulam Village. For the purpose of effecting construction of a shopping complex thereon, firstly they have approached the Government for getting sanction. Ext.P1 would reveal that sanction was accorded for changing the use of the land in the above mentioned survey number to mixed use of commercial and residential purpose with the condition specifically mentioned thereunder. Thereafter, Ext.P2 lay out was forwarded for necessary action. Subsequently, Ext.P3 application was submitted for building permit. The grievance of the petitioner is with respect to the inordinate delay in the matter of disposal of Ext.P3 application for building permit. Ext.P3 application is dated 20.4.2010. 2. I have heard the learned counsel appearing for the petitioner as also the learned standing counsel for the additional third respondent. WP(C).No.37860/2010 2 Obviously, Ext.P3 application is still pending before the additional third respondent. There cannot be any doubt with respect to the authority of the additional third respondent to pass orders on an application for building permit. It be so, there is no reason for delaying consideration of Ext.P3 application any further. In the said circumstances, this writ petition is disposed of with a direction to the third respondent to consider and pass orders on Ext.P3 taking into account Ext.P1 and in accordance with law, expeditiously, at any rate within a period of one month from today. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge