IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 32970 of 2008(Y) -------------------------------- PETITIONER: -------------- N.SHANMUGHAN, AGED 57 YEARS, S/O. NADESAN MUTHALIAR, 7/239, VADAKKETHARA, CHITTUR, PALAKKAD DISTRICT. BY MR.C.K.SREEJITH, ADVOCATE. RESPONDENTS: ------------------ 1. CHITTUR THATHAMANGALAM MUNICIPALITY, REP.BY ITS SECRETARY, CHITTUR, PALAKKAD DIST. 2. THE ASSISTANT EXECUTIVE ENGINEER,KSEB, CHITTUR, PALAKKAD DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, CHITTUR, PALAKKAD DIST. 4. THE SECRETARY TO GOVT, LOCAL SELF GOVT., GOVT.SECRETARIAT, TRIVANDRUM. ADDL R5. THE CHAIRMAN/ REVENUE DIVISION OFFICER, DISTRICT LEVEL COMMITTEE UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT 2008. (ADDITIONAL RESPONDENT No.5 IS IMPLEADED AS PER ORDER DATED 04.03.2009 IN I.A. No.1910/2009) BY MS.AMBIKA DEVI, SC, KWA FOR R3 MR.A.SREERAMAKRISHNAN, ADVOCATE, FOR R1 MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 MS. K.R. DEEPA, GOVERNMENT PLEADER FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32970/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE BUILDING PERMIT DT. 17/4/2006 ISSUED TO THE PETITIONER BY THE RESPONDENT. EXT. P2 : COPY OF THE APPLICATION DTD. 9/1/08 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT MUNICIPALITY. EXT. P3 : COPY OF THE REPLY FROM THE RESPONDENT DTD. 30/1/08 TO THE PETITIONER. EXT. P4 : COPY OF THE PLAINT IN O.S. No.351/07 FILED BEFORE the MUNSIFF COURT, CHITTUR. EXT. P5 : COPY OF the JUDGMENT IN W.P.(C) No.19340/2008. EXT. P6 : COPY OF the PROCEEDINGS DT. 13/8/08. EXT. P7 : COPY OF THE APPLICATION FOR REGULARIZATION OF the ADDITIONAL CONSTRUCTION. EXT. P8 : COPY OF THE PLAN SUBMITTED ALONG WITH THE APPLICATION FOR REGULARIZATION. EXT. P9 : COPY OF the NOTICE DT.23/10/2008. EXT. P10 : COPY OF THE RECEIPT ISSUED TO THE PETITIONER. EXT. P11 : COPY OF THE REPRESENTATION. EXT. P12 : COPY OF THE REVISION FILED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.32970 OF 2008 ---------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT The petitioner claims to have constructed a building in accordance with a building permit issued by the Municipality. Proceedings were initiated against the petitioner for alleging construction in violation of the Kerala Municipality Building Rules. In respect of the same, the petitioner submitted an application for regularisation of the construction which has been rejected by the Municipality. Against the same, the petitioner submitted Ext.P12 revision before the 4th respondent, under the Kerala Municipality Building Rules. The petitioner would presently be satisfied with a direction to the 4th respondent to consider and pass orders on Ext.P12 expeditiously. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the Kerala Water Authority as well as the learned counsel appearing for the Municipality. 3. I am of opinion that this writ petition can be disposed W.P.(c)No.32970/08 2 of with a direction to the 4th respondent to consider and pass orders on Ext.P12 revision submitted by the petitioner . Accordingly, this writ petition is disposed of with a direction to the 4th respondent to consider and pass orders on Ext.P12 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and respondents 1 and 3. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 4th respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.32970/08 3