IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 11700 of 2010(J) -------------------------- PETITIONER(S): --------------- P.ABOOBACKER HAJI, DIRECTOR(ADMINISTRATION),HILL TOP PUBLIC SCHOOL, PUTHIYARA, KOZHIKODE-4. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. CORPORATION OF KOZHIKODE, REPRESENTED BY ITS SECRETARY,KOZHIKODE. 2. THE SECRETARY, CORPORATION OF KOZHIKODE, KOZHIKODE. 3. K.E.MOIDU, HILL TOP BUNGALOW, PUTHIYARA, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.11700 OF 2010 (J) -------------------------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T Heard both sides 2. Prayer sought in this writ petition is to direct the second respondent to pass orders on the application made by the petitioner for granting building permit. 3. It is seen that this court has already in Ext.P3 and Ext.P4 directed the first respondent to consider the application made by the petitioner and therefore it is impermissible for this court to again issue a direction in similar terms. 4. Going by Section 392 of the Kerala Municipality Act, if once an application is filed and if the Secretary does not communicate his decision within 30 days, it is open to the applicant to get the application referred to the Council, for decision. Therefore, even if the 2nd respondent has not passed orders on the application made by the petitioner, remedy of the petitioner is to get the application referred, as provided under Section 392 of the Act. 5. Since, according to the petitioner, he has made the application on 17.7.2006 and if orders have not been passed, it is WPC.No.11700 /2010 :2 : directed that on the production of a copy of this judgment, the 2nd respondent shall refer the application to the first respondent, as provided under Section 392 of the Act and thereupon the first respondent shall consider the same and pass orders thereon in accordance with law and as expeditiously as possible and at any rate within 4 weeks thereafter. 6. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/