IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 31944 of 2008(C) ----------------------------------- PETITIONER(S): ------------------------ 1. DR.ANI DEV ,S/O. DR.K.V.SATHYA DEV, AGED 32, DESIKANTHARA HOUSE, ETTUMANNOOR P.O. 2. DR.K.V.SATHAYA DEV, S/O.VASUDEV, DESIKANTHARA HOUSE, ETTUMANNOOR P.O. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.S.VAIDYANATHAN SRI.P.PRIJITH RESPONDENT(S): -------------------------- 1. THE CHIEF TOWN PLANNER TRIVANDRUM. 2. THE DISTRICT TOWN PLANNER, KOTTAYAM. 3. THE ETTUMANNOOR GRAMA PANCHAYAT ETTUMANNOOR, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI. M.R. SABU, ADV. SRI.K.GOPALAKRISHNA KURUP FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31944 of 2008(C) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF PLAN EXT.P2 - TRUE COPY OF BUILDING PERMIT ISSUED BY 1ST RESPONDENT TO THE 1ST PETITIONER. EXT.P3 - TRUE COPY OF LETTER DATED 29.11.2007 ISSUED BY 3RD RESPONDENT. EXT.P4 - TRUE COPY OF ORDER IN W.P.(C) NO. 16118 OF 2008 DATED 4.4.2008. EXT.P5 - TRUE COPY OF LETTER DATED 11.6.2008 ISSUED BY 1ST RESPONDENT TO 3RD RESPONDENT. EXT.P6 - TRUE COPY OF LETTER DATED 30.7.2008 ISSUED BY 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P7 - TRUE COPY OF LETTER DATED 8.8.2008 ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER. EXT.P8 - TRUE COPY OF REVISED PLAN SUBMITTED BY PETITIONERS EXT.P8(a) - TRUE COPY OF REVISED PLAN SUBMITTED BY PETITIONERS. EXT.P8(b) - TRUE COPY OF REVISED PLAN SUBMITTED BY PETITIONERS EXT.P9 - TRUE COPY OF LETTER DATED 23.9.2008 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.31944 of 2008 ================== Dated this the 10th day of November, 2008. J U D G M E N T The petitioners have submitted an application for a building permit before the 3rd respondent. The grievance of the petitioners is that the same is not being considered. All parties to the writ petition agree that the matter is pending before the 1st respondent Chief Town Planner, on whose approval of the building plan only the 3rd respondent can further consider the application of the petitioner. The learned Government Pleader, on instructions from the 1st respondent Chief Town Planner, submits that the matter is being considered by the Chief Town Planner. The Chief Town Planner would require two more months time to complete the process is the submission made. 2. Taking into account the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to pass orders in the matter pending before him in respect of the application for building W.P(C)No.31944 of 2008 - 2 - permit submitted by the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. The petitioners shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S.SIRI JAGAN, JUDGE rhs