IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 26521 of 2008(G) -------------------------- PETITIONER: ------------ SUSAMMA ABRAHAM, MANAGER, FORT GIRLS MISSION HIGH SCHOOL, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------- 1. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REPRESENTED BY ITS SECRETARY, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, PALAYAM, THIRUVANANTHAPURAM. SHRI.KP.K.MANOJ KUMAR, SC G.P. SHRI.MANOJ KUMAR K.U. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26521 of 2008 ================== Dated this the 22nd day of September, 2008 J U D G M E N T The petitioner is the manager of a school. He filed an application for permission for construction of the school building. The same was rejected by the 2nd respondent. The petitioner filed Ext.P9 appeal with an application to condone delay. Since the period of delay was beyond the condonable limit, the 1st respondent-Tribunal dismissed the appeal, by Ext.P10 order. The petitioner filed this writ petition challenging the order rejecting the application for building permit and the order of the Tribunal dismissing his appeal as time barred. In view of the Division Bench decision in Assistant Commissioner of Central Excise v. Krishna Poduval [2005 (4) KLT 947], the petitioner submits that he may be permitted to approach the 2nd respondent again for building permit. In view of the above decision, challenge against Ext.P10 is not sustainable. Accordingly, the writ petition is dismissed following the said Division Bench decision. Regarding the claim of the petitioner for submitting fresh application for building permit, I am not expressing any opinion. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2