IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 33398 of 2008(A) -------------------------- PETITIONER(S): --------------- IKKAYYA UMMA, W/O. LATE IMBICHI MAMMU, EDAPPUTHUKUDI, NADUVANNUR POST, NADUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- 1. NADUVANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NADUVANNUR, KOZHIKODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS (H) DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33398 of 2008 EXT.P1: COPY OF LETTER DTD NIL ISSUED BY R1 TO THE PETITIONER. EXT.P2: COPY OF LETTER NO.24935/H1/04/PWD DATED 18.10.2007 ISSUED BY GOVT. OF KERALA, PUBLIC WORKS(H0 DEPARTMENT. EXT.P3: COPY OF JUDGMENT DATED 3.7.2008 IN WP(C) NO.8948/2008 PASSED BY THIS HON'BLE COURT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. -------------------------------------- W.P.(C)No.33398 OF 2008 ---------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT The petitioner's grievance in this writ petition is that her application for building permit has been rejected by Ext.P1 order relying on Ext.P2 order of the Government of Kerala, which has been quashed by this Court by Ext.P3 judgment. According to the petitioner, the 1st respondent cannot reject the application for building permit on the basis of a Government Order, which has been quashed by this Court. 2. I have heard the learned counsel appearing for the 1st respondent also. The 1st respondent does not dispute the fact that Ext.P2 order has been quashed by this Court, by Ext.P3 judgment and that Ext.P1 order has been passed solely based on Ext.P2. That being so, Ext.P1 is not sustainable. Accordingly, Ext.P1 is quashed and the 1st respondent is directed to consider the application for building permit submitted by the petitioner W.P.(c)No.33398/08 2 afresh in accordance with law without reference to Ext.P2 Government Order, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.33398/08 3