IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 21447 of 2008(C) -------------------------- PETITIONER(S): --------------- P.T. SHABEER, PEEDIKATHODAYIL HOUSE, PARAMBIL.P.O, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. CORPORATION OF CALICUT, REP. BY ITS SECRETARY, KOZHIKODE. 3. THE SECRETARY, CORPORATION OF CALICUT, KOZHIKODE. 4. REVENUE DIVISIONAL OFFICER, KOZHIKODE. 5. THE REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, KOZHIKODE. 6. THE SUPERINTENDENT, DISTRICT JAIL, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 & 3 SRI. P.V. KUNHIKRISHNAN GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 21447/2008. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 11-9-2007. EXT.P2 REVISED SITE PLAN. EXT.P3 REVISED BUILDING PLAN. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21447 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th December, 2008. J U D G M E N T Petitioner applied for permit for construction of a building in his property. The said application was referred to the District Collector for no objection as the District jail complex is situated in front of the proposed building site. The District Collector forwarded the papers to respondents 4 to 6 for their views. After three years, the District Collector issued Ext. P1 letter, informed that the authorities have no objection in the matter, if the building in the property of the petitioner is constructed as per the directions contained in Ext. P1. In Ext. P1 letter, it was directed that the height of the proposed building should be less than the height of the jail complex. Therefore, the petitioner prepared a revised plan of the proposed building in conformity with the directions contained in Ext. P1 and the building rules and submitted the same before the 3rd respondent. Despite the 3rd respondent approving the same, the 3rd respondent referred the matter again to the 1st respondent and in turn the 1st respondent has referred it to respondents 4 to 6 again. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “(i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to issue building permit to the petitioner as applied for as per revised Ext. P2 and P3 plans. (ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the petitioner's application for building permit without any delay and issue the necessary sanctions and permits thereto for construction of building in the property of the petitioner as applied for as per the revised Ext. P2 and P3 plans.” 2. On 18-11-2008, I passed the following order: “The District Collector shall see that a report from the Jail authorities on the building permit sought for by the petitioner is forwarded to the 2nd respondent-Corporation within two weeks.” W.P.C. No. 21447/08 -: 2 :- The learned Government Pleader now submits that appropriate approval has been granted by the District Collector in the matter after obtaining the views of the jail authorities. In the above circumstances, the writ petition is disposed of with a direction to the 3rd respondent to consider the application for building permit submitted by the petitioner and pass orders thereon as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/