IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 35878 of 2008(U) -------------------------- PETITIONER(S): --------------- A.V.SARASWATHI, D/O.LATE A.VENKAT RAMANI, VRINDAVAN, KAILAS NAGAR, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. PALAKKAD MUNICIPALITY, MUNICIPALITY OFFICE, PALAKKAD, REP. BY ITS SECRETARY. 3. SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD. 4. ART & HEARING COMMISSION, THIRUVANANTHAPURAM, REP.BY ITS MEMBER SECRETARY, CHIEF TOWN PLANNER, PALAYAM. THIRUVANANTHAPURAM. 5. CHIEF TOWN PLANNER, LOCAL SELF GOVERNMENT DEPARTMENT, PALAYAM, THIRUVANAN- THAPURAM. 6. DISTRICT TOWN PLANNER, PALAKKAD. 7. MRS. LAKSHMI NARAYANAN, W/O. T.V. NARAYANAN, RAGAM 43, ARVIND NAGAR, 14TH CROSS, OIL MILL ROAD, ST. THOMAS TOWN POST, BANGALORE-560084. 8. MRS. RADHIKA NARAYANAN, W/O. SUBRAMANI, RAAGAM 43, ARVIND NAGAR, 14TH CROSS, OIL MILL ROAD, ST. THOMAS TOWN POST, BANGALORE – 560084. 9. SMT. V.K. THANKAM, W/O. V.S. RAMAN, 1/220, CHATHAPURAM, KALPATHI P.O., PALAKKAD. 10. K.SARASWATHIAMMAL, 1/282 OLD KALPATHI DOUBLE STREET, PALAKKAD. ADDL. R7 TO R10 ARE IMPLEADED AS PER ORDER IN I.A.NO.130/2009 DT. 29-1-2009. ADV. SRI.V.CHITAMBARESH (SR.) FOR R2 & 3 SRI.T.C.SURESH MENON FOR R2 & 3 SRI.JIBU P THOMAS FOR R2 & 3 SRI.P.S.APPU FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35878 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th January, 2009. J U D G M E N T The petitioner has obtained a building permit. The petitioner was unable to complete construction in accordance with that permit. The petitioner has transferred the property with the building to respondents 7 to 10 and applied to the 3rd respondent for transfer of the permit in the name of respondents 7 to 10. The petitioner complains that that application has not been considered on the ground that the petitioner has to obtain concurrence from the 4th respondent. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of certiorari quashing Exhibits P4 and P5. (ii) To declare that Rule 154 and 155 of the Kerala Municipality Building Rules is ultra vires the provisions of the Kerala Municipality Act and the 1st respondent has no power and competence to frame the said Rules and further may be pleased to strike down the same. (iii) To declare that the directions in Ext. P5 is not applicable to the building of the petitioner constructed as per Ext. P1 building permit. (iv) Issue a writ of mandamus, order or direction directing respondent Nos. 2 and 3 to transfer Ext. P1 building permit to the purchasers of the property as sought for by the petitioner in Ext. P3.” However, for the present, the petitioner would be satisfied with a direction to the 3rd respondent to consider and pass orders on Ext. P3 expeditiously. 3. I have heard the standing counsel for the Municipality also. 4. In the facts and circumstances of the case, I dispose of the W.P.C. No. 35878/08 -: 2 :- writ petition with a direction to the 3rd respondent to consider and pass orders on Ext. P3, 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/ [True copy] P.S to Judge.