IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 2964 of 2006(C) ------------------------------------- PETITIONER: ------------------- P.N.JAYAKRISHNAN, S/O.SREEDHARAN, PULPRA NEDUNGAT HOUSE, CHEVARAMBALAM, CALICUT-17. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KOZHIKODE CORPORATION, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 3. THE SPECIAL TAHSILDAR(LA), KOZHIKODE. ADV. SRI.M.P.PRABHANANDAN,SC,KOZHIKODE CORPN FOR R2 SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP FOR R2 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2964/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 5.11.99 IN OP. NO.26891/99 OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE JUDGMENT DT. 20.11.2000 IN OP. NO.31318/2000 OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE NOTICE DT. 19.10.2001 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND OTHER OWNERS OF THE PROPERTY. EXT.P4:- COPY OF THE NOTICE DT. 12.12.2001 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND OTHER OWNERS OF THE PROPERTY. EXT.P5:- COPY OF THE APPLICATION FOR RENEWAL DT. 22.9.2005 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P6:- COPY OF THE NOTICE DT. 29.12.2005 ISSUED BY 2ND RESPONDENT NOTICE TO THE PETITIONER AND OTHERS. EXT.P7:- COPY OF THE PROCEEDINGS DT. 20.6.2005 IN RESPECT OF THE RENEWAL OF BUILDING PERMIT TO SMT.DR.P.N.AJITHA. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2964 of 2006 ---------------------------------------------- Dated 8th August, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(i) Call for the records leading to Ext.P6 and issue a writ of certiorari or any other appropriate writ, order or direction, quashing the same. (ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to consider and pass orders afresh on Ext.P5 application, whereby granting renewal of building permit No.E4.70911/99.” In view of the stand taken in the counter affidavit that the proposal for acquisition is being dropped, there will be a direction to the second respondent to take appropriate action on Ext.P5 application within two months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2964 of 2006 ---------------------------------------------- J U D G M E N T Dated 8th August, 2008.