IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 26603 of 2010(A) ------------------------------------ PETITIONER : -------------------- YOUGIN, S/O.VARGHESE, ARANGASSERY HOUSE, MANAPPADY, PERAMANGALAM. BY ADV. SRI.DINESH MATHEW.J.MURIKAN RESPONDENTS : ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. VADAKKANCHERRY GRAMA PANCHAYATH, VADAKKANCHERRY-678 689, REP.BY ITS SECRETARY. 3. THE SECRETARY, VADAKKANCHERRY GRAMA PANCHAYATH, VADAKKANCHERRY-678 689. 4. THE EXECUTIVE ENGINEER, PWD (ROADS), SUB DIVISION, THALAPPILLY, VADAKKANCHERRY-680 503. R1 BY SRI.V.K.RAFEEQUE, GOVERNMENT PLEADER R2 TO R3 BY ADV. SRI.S.RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM -2- WP(C).No. 26603 of 2010(A) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE W.P.(C) NO.36588/07 FILED BEFORE THIS HONOURABLE COURT DATED 08.12.2007. P2 : COPY OF THE JUDGMENT IN W.P.(C) NO.36588/07 PASSED THIS HONOURABLE COURT DATED 11.03.2008. P3 : COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 26.04.2008. P4 : COPY OF THE ORDER APPEAL NO.284/08 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM, DATED 26.08.2008. P5 : COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 08.09.2008. P6 : COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. P7 : COPY OF THE I.A.NO.770/10 FOR CONDONING DELAY FILED BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. P8 : COPY OF THE ORDER IN I.A.NO.770/10 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM DATED 10.06.2010. P9 : COPY OF THE ORDER DISMISSING THE APPEAL PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM, DATED 10.06.2010. P10 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 05.08.2010. P11 : COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 09.08.2010. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 26603 of 2010 --------------------------------------- Dated this the 15th day of December 2011. JUDGMENT The writ petition is filed for a direction commanding the respondents 2 and 3 to consider and pass orders on Ext.P10 application for building permit. 2. In the counter affidavit filed by respondents 2 and 3, it is stated inter alia that the Secretary passed an order dated 13.9.2010 rejecting Ext.P10 application. In the said circumstances, the writ petition is dismissed without prejudice to the right of the petitioner to challenge the order dated 13.9.2010. HARUN-UL-RASHID JUDGE al