IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 46 of 2011(E) ----------------------- PETITIONER: ------------------ P.K.ABDUL KHADER, S/O.P.K.MOHAMMED (LATE)VAZHAYIL HOUSE, AKKODE P.O VAZHAKKAD VIA,MALAPPURAM DIST BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): -------------------- 1. VAZHAKKAD GRAMA PANCHAYATH REP.BY THE SECRETARY, VAZHAKKAD P.O., MALAPPURAM DIST,PIN-673640 2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, VAZHAKKAD P.O. MALAPPURAM DIST,PIN-673 640 3. MR.MUSTHFA HUDAVI, S/O.KUNHUMOHAMMED, SECRETARY, ISLAMIC CENTRE, PULLISSERY HOUSE, AKKODE VIRIPPADOM,KARUMARAKKAD P.O, MALAPPURAM DIST,PIN-673640 R1 BY SRI.K.M.JAMALUDHEEN, STANDING COUNSEL ADV. SRI.M.A.FAYAZ FOR R3 SRI.K.M.JAMALUDHEEN FOR R3 SMT.LATHA PRABHAKARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jkk C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.46 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011 J U D G M E N T This writ petition has been filed mainly alleging unauthorized construction of a building by the 3rd respondent in the property comprised in BL 18, Re-survey No. 89/I of Vazhakkad village. This matter came up for admission on 3.1.2011 and stood adjourned thrice. When it is taken up for consideration the learned Standing counsel made available a copy of the building permit No.145/2010-11 dated 23.12.2010 issued by the Vazhakkad Grama Panchayath to the 3rd respondent. It would thus reveal that the 3rd respondent had started construction and is going on with the construction on the strength of the said building permit issued by the competent authority under Rule 11(3) of the Kerala Building Rules 1984. If be so, the petitioner cannot be heard to contend that the 3rd respondent is effecting construction unauthorizedly in the property in question. In the said circumstances, this writ petition is liable to be dismissed. There can be no doubt that even if the construction is being WPC.No.46/2011 : 2 : carried out on the strength of a building permit that would not stand in the way of the petitioner to raise further grievances, in accordance with law, before competent authorities, in case ultimately any construction is effected in violation of Kerala Municipal Building Rules prejudicial to the petitioner has been effected. It is also made clear that dismissal of this writ petition shall not be taken as recognition of the civil rights of any of the parties and parties, in case of dispute, have to establish the same in accordance with law either in O.S No.107/2006 which is pending on the file of Munsiff Court, Manjeri or in any properly instituted suit for that purpose. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge