IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24323 of 2010(M) -------------------------- PETITIONERS: --------------- 1. JOSEPH, AGED 59 YEARS, S/O.DEVASSY, CHENGINIMATTAM HOUSE, CHALAKUDY, THRISSUR DISTRICT. 2. J & J TIMBERS, CHALAKUDY REP.BY MANAGING PARTNER, C.D.JOSEPH, S/O.DEVASSY, CHENGINIMATTAM HOUSE, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: --------------- 1. CHALAKUDY MUNICIPALITY REP.BY ITS SECRETARY, MUNICIPAL OFFICE, CHALAKUDY. PIN: 680 121. 2. STATE OF KERALA, REP.BY ITS SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. PIN: 695 001. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24323 OF 2010 = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF AUGUST, 2010. J U D G M E N T The main relief sought for in this writ petition is for a direction to the first respondent to accept the building permit application of the petitioner and grant sanction for construction of a multi-storeyed building in his property. 2. The first petitioner claims to be the owner of 24.675 cents of land in East Chalakudy village, which is lying vacant and it abuts the old National Highway. The second petitioner firm owns 10.597 cents of land situated on the eastern portion of the first petitioner's property. Petitioners' application for permission to construct a multi storied building was not received by the Municipality on the ground that their land is included in the residential zone and part of the property is proposed to be acquired. According to the petitioners, the action of the authorities in refusing to accept the building permit application is illegal because the Town Planning Scheme as regards to their property has ceased to have any effect since there was only a proposal for acquisition from their property. Petitioners rely upon various judgments of this Court namely, Exts.P6 ad P7 in support WP(C) 24323/2010 2 of their various contentions raised in the writ petition. 3. Learned Standing Counsel for the Municipality and the Government Pleader submitted that if the petitioners file an application in terms of the Municipality Building Rules, the authorities will take appropriate decision and communicate the same to the petitioners without any further delay. It is submitted that so far no such application has been filed. 4. Therefore, if the petitioners file a proper application along with the required plan and other documents as well as usual fee, if any, the same will be accepted by the Secretary of the Municipality and it will be processed and disposed of within a period of two months. The writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR, JUDGE. KNC/-