IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 22141 of 2011(P) ------------------- PETITIONER(S): ---------------------- 1. JITHESH DATH, MOZHIKUNNATH MANA, PO MELE PATTAMBI, PATTAMBI, PALAKKAD DISTRICT. 2. THARUN DATH M.J, MOZHIKUNNATH MANA, PO KALLADIPATTA, PATTAMBI, PALAKKAD DISTRICT. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH SMT.DIVYA CHANDRAN RESPONDENT : ---------------------- PATTAMBI GRAMA PANCHAYAT, PATTAMBI PO, PALAKKAD - 679 303, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.A.HAROON RASHEED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22141 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOGRAPH SHOWING THE PUCCA CONCRETE BUILDINGS ON EITHER SIDE. EXT.P2 : COPY OF JUDGMENT DATED 27.7.11 IN WP(C) NO. 20407/11 OF THIS HON'BLE COURT. EXT.P3 : COPY OF JUDGMENT DATED 27.7.11 IN WP(C) NO. 20408/11 OF THIS HON'BLE COURT. EXT.P4 : COPY OF THE INITIMATION DATED 26.7.11 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. EXT.P5 : COPY OF THE INITIMATION DATED 26.7.11 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. EXT.P6 : COPY OF THE AGREEMENT DATED 17.6.11 OF THE 1ST PETITIONER WITH THE SOUTH INDIAN BANK. EXT.P7 : COPY OF THE REPRESENTATION DATED 3.8.11 SUBMITTED BY 1ST PETITIONER AND HIS MOTHER BEFORE THE RESPONDENT. EXT.P8 : COPY OF THE REPRESENTATION DATED 6.8.11 SUBMITTED BY 2ND PETITIONER AND HIS MOTHER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn HARUN-UL-RASHID, J. ------------------------ W.P.(C).No. 22141 Of 2011 ---------------------- Dated this the 16th day of August, 2011. JUDGMENT Standing counsel takes notice for the respondents. 2. Heard the petitioner and counsel for the respondents. 3. This writ petition is filed seeking an order directing the respondent to consider and dispose of Exts.P7 and P8 and grant building permit in terms of Ext.P4 and P5 and permit the petitioners to construct the buildings at their risk and cost on such terms and conditions this Hon'ble Court deem fit and proper. Petitioners submitted application for construction of commercial building and residential building in the properties owned and possessed by them. According to the petitioners, the grant of licence permits is delayed for want of No Objection Certificates from the Director of W.P.(C).No. 22141 Of 2011 2 Archeology, Government of Kerala. The learned counsel for the petitioner pointed out that in Exts.P2 and P3 judgments, this Court had issued direction to the statutory authority to consider and pass appropriate orders in the application for No Objection Certificate as expeditiously as possible, at any rate, within a period of 6 weeks. In Exts.P4 and P5 communications the Panchayath informed the petitioners that the applications for building permit will be granted on getting no objection certificates pursuant to Exts.P2 and P3. In Exts. P4 and P5 the Panchayath clarified that the petitioners are entitled for licence under the building rules. Exts. P7 and P8 representations are pending before the Panchayath. In these circumstances, a direction is issued to the respondent Panchayath to consider and pass appropriate orders on Exts.P7 and P8 within a period of three weeks W.P.(C).No. 22141 Of 2011 3 from today, after affording an opportunity of being heard to the petitioners. HARUN-UL-RASHID, Judge. mns/-