IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16044 of 2009(A) -------------------------------------- PETITIONER(S): -------------------- NAVEEN S.ANAND, S/O.K.S.VADHYAR, AGED 34, RESIDING AT DHENOR, HOUSE NO.200, VNA VINAYAKA NAGAR, KAIMANAM, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. MR.R.MANOJ MR.P.RAVEENDRAN PILLAI SMT.INDIRA RAVEENDRAN RESPONDENT(S): ------------------------ 1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 2. THE TOWN PLANNING OFFICER, THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE, THIRUVANANTHAPURAM. 3. THE ASSISTANT TOWN PLANNING OFFICER NO.II, (IN CHARGE OF ULLOOR ZONE), THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE, THIRUVANANTHAPURAM. 4. ALPHONES JAMES PERAIRA 36, S/O.JAMES PERAIRA, TC 11/849(2), NO.74(2) KAKKANADU LANE, KASAVADARAPURAM, PATTOM, THIRUVANANTHAPURAM-695 003. 5. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (RA), SECRETARIAT, THIRUVANANTHAPURAM. R2, R3 & R5 BY GOVERNMENT PLEADER MR.MATHEW VADAKKEL R1 BY ADV. MR.P.K. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16044 OF 2009 ------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Heard learned counsel for the petitioner and learned senior counsel for the corporation. The petitioner has, by now, faced two or three rounds of litigations before the corporation, civil court and the Tribunal for Local Self Government Institutions. The matter relates to the grant of a building permit and to the question whether the construction being carried out is in terms of the building permit. The petitioner says that about 95% of the construction is over. With the earlier rounds ending with Ext.P14, the issue whether the construction is in violation of Rule 27 of the Kerala Municipality Building Rules, 1999 was left untouched. The secretary of the corporation issued Ext.P12 notice dated 24.4.2009. The petitioner has submitted Ext.P13 reply to that. The proper statutory course is that the secretary hears and decides finally on the petitioner's objections in accordance with WPC.16044/09 Page numbers law and after adverting to and considering all relevant materials. This cannot be delayed since the petitioner cannot be made to run from pillar to post for relief. Therefore, without expressing anything on merits, this writ petition is ordered, preserving all other contentions but directing that the secretary of the corporation will conclude proceedings on Ext.P12 show cause notice within one month from now. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/6.