IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27923 of 2009(I) --------------------------------------- PETITIONER(S): -------------------------- PRADEEP KUMAR.N, "KEERTHI", PERODE P.O., NADAPURAM VIA, KOZHIKODE. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR OF URBAN AFFAIRS, NORTH ZONE, PALAYAM ROAD, KOZHIKODE. 4. KUNNUMMAL GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KOZHIKODE. R1 TO R3 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).27923/2009 -------------------- Dated this the 6th day of October, 2009 JUDGMENT Petitioner is an Engineer registered under the provisions of the Kerala Municipality Building Rules, 1999. He drew a site plan and building plan on behalf of one Mr.P.T.Surendran. Same was approved and permission was granted by the 4th respondent, Grama Panchayat, on 23.10.2003. Construction was carried on. It seems that later it was detected that the construction was not in conformity with the approved plan. Proceedings were therefore, taken against the petitioner for cancellation of the Engineer's licence. By Ext.P6 order, the licence was cancelled under Rule 153 (8) of the Rules. Aggrieved thereby petitioner preferred a statutory appeal under the Rules before the Government as Ext.P8, which is pending. This writ petition has been filed seeking appropriate directions in relation to Ext.P8. 2. I heard learned Government Pleader also. Taking note of Ext.P7 report by the Assistant Engineer also, I am of the view that the petitioner must be given an opportunity to W.P.(C).27923/2009 2 prosecute his appeal effectively. 3. Accordingly, the 1st respondent shall consider and pass orders on Ext.P8 within three months from the date of receipt of a copy of this judgment. Copy of the writ petition shall be produced along with the copy of the judgment by the petitioner. Enforcement of Ext.P6 shall stand stayed for a period of two weeks from today. In the meanwhile, it is open to the petitioner to move the Government for appropriate interim orders. Writ petition is disposed of as above. V.GIRI, Judge mrcs W.P.(C).27923/2009 3