IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19869 of 2008(M) -------------------------- PETITIONER: ---------------- MATTUMMAL BASHEER HUSSAIN, MATTUMMAL HOUSE, BY PASS ROAD (NECHIKUTTY) KAVUNGAL, MALAPPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT TOWN PLANNER, MALAPPURAM. 3. THE MALAPPURAM MUNICIPALITY REPRESENTED BY THE SECRETARY MALAPPURAM MUNICIPALITY MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVT.PLEADER SMT.K.R.DEEPA SRI.BABU S.NAIR, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 19869 OF 2008 M ==================== Dated this the 2nd day of July, 2008 J U D G M E N T Ext.P3 order dated 29/3/2005 declining building permit is under challenge in this writ petition. There is absolutely no explanation forthcoming for the delay. Now when the question of delay is raised, learned counsel for the petitioner seeks time to file an affidavit. However, having regard to the long and culpable delay, I am not satisfied that the petitioner is entitled to any indulgence from this court. True in similar circumstances, judgments have been rendered by this court following Exts. P4 and P5 judgments. But even for the benefit of a judgment, conduct of a party is relevant and delay is held to be a good ground to deny relief. See in this connection judgments in the cases of A.P.Steel Re-rolling Mill Ltd. v. State of Kerala and others and Victory Papers and Boards India v. State of Kerala and others (2007 (2) SCC 725) and U.P.Jal Nigam and another v. Jaswant Singh and another (2006(11) SCC 464). Writ petition is dismissed. However, it is clarified that this judgment will not stand in the way of the petitioner making a fresh application and if such an application is filed that will be considered on merits. ANTONY DOMINIC, JUDGE Rp