IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 15708 of 2010(K) -------------------------- PETITIONER(S): --------------- N.M. NAHAS, PROJECT ENGINEER, CORPORATION OF COCHIN, ERNAKULAM. BY ADV. SRI.P.K.SURESH KUMAR SMT.N.N.PRASEEDA RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011, ALONG WITH WPC NO. 15710 OF 2010 & WPC NO. 15841 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: WPC NO. 15708/2010. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF G.O.(RT) 1543/10/LSGD DT. 7.5.2010. EXT.P2 JUDGMENT IN W.P.C. NO. 13927/2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 15708, 15710 & 15841 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= Dated this, the 2nd day of February, 2011. J U D G M E N T Petitioners in these writ petitions have been suspended pending disciplinary proceedings on alleged irregularity in issuing a building permit. The broad allegation against them is that they have approved a building plan considering the floor area ratio taking into account a right of way in favour of somebody else, which was not proper. Subsequently, in a writ petition filed by the permit holder challenging the revocation of the permit, this Court has by judgment in W.P(C) No. 13927/2009, held that the floor area ratio has to be calculated taking into account the area covered by the right of way also. The petitioners submit that in view of the said decision, the basis for the proceedings against the petitioners has lost relevance. Therefore they seek quashing of the entire disciplinary proceedings in view of the said decision. 2. I have heard the learned Government Pleader also. 3. In view of Ext. P2 judgment in W.P(C) No. 15708/2010, I am of opinion that the respondent should consider whether the disciplinary proceedings is to be continued in the light of the said judgment insofar as prima facie I find that in view of the said judgment, the very basis of the disciplinary proceedings against the petitioner falls to ground. In the above circumstances, these writ petitions are disposed of by directing the Government to consider the matter in the light of the judgment in W.P(C) No. 13927/2009 and the observations made above based on the said judgment, and to pass orders in respect of the W.P(C) No. 15708/10 etc. -: 2 :- continuance of the disciplinary proceedings against the petitioners within a period of three months from the date of receipt of a copy of this judgment. Needless to say, until orders are so passed, the interim orders granted in these cases would continue to be in force. Sd/- S. Siri Jagan, Judge. Tds/