IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 W.P(C).No. 17306 of 2008(I) ---------------------------------- PETITIONER: -------------- C.K. ABDUL REHMAN, S/O. KUNJAN PILLAI, CHERAVATTUKKAVU HOUSE, RAYONS PURAM P.O., PERUMBAVOOR - 683 543. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: ----------------- 1. THE SECRETARY, PERUMBAVOOR MUNICIPALITY, O/O. PERUMBAVOOR MUNICIPALITY PERUMBAVOOR. 2. THOMAS, BUILDIGN INSPECTOR, PERUMBAVOOR MUNICIPALITY, O/O. PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. BY ADV. SRI. V.M. KURIAN, Rs THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 17306 OF 2008-I ==================== Dated this the 11th day of June, 2008 J U D G M E N T Petitioner submits that he had surrendered a portion of his land and therefore is entitled to certain exemptions from the provisions of the Kerala Municipality Building Rules. According to him on 24/5/2006, he had made an application for a building permit along with a plan and that was rejected. The order was challenged before the Tribunal for Local Self Government Institutions, which resulted in Ext.P7, permitting the petitioner to make a fresh application. 2. It is stated that on the strength of the Tribunal's order, an application was made for a building permit on 14/1/2008. Though several communications have been exchanged between the parties, even thereafter, final orders on the application were not passed by the Municipality, submits the petitioner. Thereafter, the petitioner submitted Ext.P9, again asserting his right for exemption from the Kerala Municipality Building Rules in view of the free surrender of land that he had made. Thereafter, also there was no response and petitioner submits that he submitted Ext.P12 representation again in this matter. As according to WPC 17306/08 :2 : him, orders were not passed on any of these applications or representations, this writ petition has been filed praying for compelling the Municipality to pass orders on the application dated 14/1/2008. 3. Having regard to the facts as stated above, I see no reason to decline the relief sought for by the petitioner particularly when it is the duty of the Municipality to consider and pass orders on an application made by a citizen for building permit. In this case, petitioner positively avers that he has made such an application on 14/1/2008. If that be so, the Municipality ought to have passed orders thereon. 4. Accordingly, the writ petition is disposed of directing that if orders have not been passed on the application dated 14/1/2008, the same shall be taken up, considered and orders passed, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the respondent Municipality for compliance. ANTONY DOMINIC,JUDGE. Rp