IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16747 of 2008(R) -------------------------- PETITIONER: PETITIONER ---------------------- MOHANAN.P, S/O. KUNHIKELU, PADAMPATHU HOUSE, BALUSSERY AMSOM DESOM, BALUSSERY, KOZHIKODE DT. BY ADV. SRI.M.C.ANTONY RESPONDENTS: RESPONDENTS ------------------------ 1. THE SECRETARY, BALUSSERY GRAMA PANCHAYATH, BALUSSERY, KOZHIKODE DT. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16747 of 2008 ================== Dated this the 5th day of June, 2008 J U D G M E N T The petitioner possesses 5 cent of land in Re.Sy.No.36/1A 1, 2 of Balussery village, in Kozhikode Taluk. The same was originally a wet land. The petitioner obtained Ext.P2 permission from the 2nd respondent for filling up the land. Ext.P2 permit was issued on condition that the land shall be filled up within one month. Based on Ext.P2 the petitioner obtained Ext.P4 building permit for constructing a building in that property. Now, by Ext.P6 order that building permit has been cancelled by the 1st respondent on the ground that the petitioner has not filled up the land within one month as directed in Ext.P2 permit. The petitioner challenges Ext.P6 order. The petitioner's contention is that the petitioner could not fill up the land within the time stipulated in Ext.P2 only because of heavy rains and the petitioner has already filed Ext.P3 petition before the 2nd respondent for extension of time to complete the filling up of the land. The petitioner submits that cancellation of the building w.p.c.16747/08 2 permit while Ext.P3 is pending is unjustifiable. The counsel for the petitioner prays that Ext.P3 application may be directed to be disposed of. 2. After hearing the learned Government Pleader also, I dispose of this writ petition with a direction to the 2nd respondent to consider Ext.P3 and pass appropriate orders thereon as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If permission is granted as prayed for in Ext.P3, the petitioner shall produce the same before the 1st respondent who shall reconsider Ext.P6 on the basis of the orders passed on Ext.P3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge