IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13186 of 2009(P) -------------------------- PETITIONER: --------------- SONY KURIAN, AGED 48, SON OF KURIAN SEBASTIAN, RESIDING AT `PULLAMKALAM' PLOT NO.38, HOUSE NO.25/830 AND 1218 P.J.SEBASTIAN NAGAR HOUSING COLONY, CHANGANASSERY - 686 101. BY ADV. SRI.P.K.RAVINDRAN PUZHANKARA RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, KOTTAYAM DIVISION, KANJIKUZHY, KOTTAYAM - 686 004. 3. CHANGANSSSERY MUNICIPALITY, CHANGANASSERY - 686 101, REPRESENTED BY ITS SECRETARY. 4. ABDUL KALAM, SON OF SAYED MOHAMMED, RESIDING AT KANAKKAN VEEDU, PUZHAVATHY, CHANGANASSERY TALUK, KOTTAYAM DISTRICT. ADV. SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 SRI.B.PREMNATH (E) FOR R3 SRI.A.JAYASANKAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------ W.P.(C).No.13186 of 2009 ------------------------------------ Dated this the 26th day of May, 2009 JUDGMENT Heard Mr.P.K.Ravindran Puzhankara, learned counsel for the petitioner, Mr.Siby Mathew, learned counsel for the Municipality and Mr.Madhavankutty for the Housing Board. 2. The petitioner is aggrieved by the construction being made by the 4th respondent in a housing colony established by the Housing Board. According to the petitioner, an Arabic College is being established in a housing colony. This should not have been permitted by the Housing Board or Municipality, it is contended. There is also a challenge to Ext.P5 permit issued by the Municipality. 3. The petitioner is entitled to challenge Ext.P5 before the Local Self-Government Department. But, according to the petitioner, he came to know of Ext.P5 only recently and representations were also sent to the Municipality as evidenced by Ext.P6. W.P.(C).No.13186 of 2009 :: 2 :: 4. I am of the view that the petitioner should be permitted to prosecute an appeal against Ext.P5. 5. Accordingly, it is directed that if the petitioner files an appeal against Ext.P5 within one month from today before the tribunal, the Tribunal shall treat the same as one presented before the Tribunal within time and proceed to dispose of the same on merits, after hearing the Housing Board, the Municipality and the 4th respondent, within two months from the date of receipt of the appeal. It is open to the petitioner to move the Tribunal for appropriate interim orders as well. The writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge