IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25522 of 2008(S) -------------------------------------- PETITIONER: ------------------ T.C.JOSHY, S/O.CHANDRAN, AGED 44 YEARS, KALLUVEETTIL HOUSE, PACHALAM, KOCHI-12, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT. THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM DISTRICT. 3. THE EXECUTIVE ENGINEER, KSEB, VADUTHALA KOCHI-12, ERNAKULAM. 4. CORPORATION OF KOCHI, REP. BY ITS SECRETARY, OFFICE OF THE COCHIN CORPORATION, PARK AVENUE ROAD, KOCHI-11. 5. SRI.ABEY, CHUNGATH HOUSE. HASHMI LANE, PACHALAM, KOCHI-12, ERNAKULAM DISTRICT. R1, R2 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 BY STANDING COUNSEL SRI.P.P.THAJUDEEN. R4 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.25522 of 2008-S ------------------------------------------ Dated, this the 1st day of September, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner himself claims to be a public spirited citizen. He is aggrieved by the action of the 4th respondent Corporation in issuing building permit to the 5th respondent for construction of a multi storied building. (2) Petitioner has stated the inconvenience that is going to be caused to the petitioner and other persons similarly situated. Therefore, he is before us in this petition filed under Article 226 of the Constitution for a direction to the 4th respondent to set aside the building permit issued to the 5th respondent. (3) Even before approaching this Court the petitioner and others have filed Ext.P1 representation before the 4th respondent Corporation and Exts.P2 and P4 representations before the 2nd and third respondents respectively highlighting their grievances and also with a request to to cancel the permit that was given to the 5th respondent. (4) At the time of hearing of this writ petition for admission, we are informed by the learned counsel appearing for the Corporation and the Kerala State Electricity Board, that, they have already issued show cause notices to the 5th respondent asking him to show cause why the W.P.(C)No.25522 of 2008 2 permit granted earlier should not be withdrawn/cancelled. (5) In our opinion, at this stage, it would serve the interest of the petitioner as well as the respondents, if we direct the 4th respondent Corporation and the third respondent, Executive Engineer of the Kerala State Electricity Board, to consider Exts.P1 and P4 representations said to have been filed by the petitioner and others, and pass appropriate orders in accordance with law. (6) Accordingly, we pass the following: ORDER i) Writ petition is disposed of. ii) The 4th respondent Corporation and the 3rd respondent Executive Engineer of the Kerala State Electricity Board will look into the grievances made out by the petitioner and others in Exts.P1 and P4 and pass appropriate orders in accordance with law as expeditiously as possible. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns