IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 15127 of 2004(A) -------------------------- PETITIONER: --------------- M.SUBRAMANIAN NAMBISSAN, S/O. KUNHIRAMAN NAMBISSAN, `SOPANAM', NEAR DURGA HIGH SCHOOL, KANHANGAD. BY ADV. SRI.K.SHRIHARI RAO RESPONDENT(S): --------------- 1. THE KANHANGAD MUNICIPALITY, KANHANGAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KANHANGAD MUNICIPALITY, KANHANGAD. 3. THE CHAIRPERSON, KANHANGAD MUNICIPALITY, KANHANGAD. 4. K.M.PREMALATHA, `KARTHIKA', KODOTH P.O., KOZHIKODE DISTRICT. ADV. SRI.K.K.CHANDRAN PILLAI FOR R1-R3 SMT.SREEJA.I FOR R2&3 SRI.MANJERI SUNDERRAJ FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15127/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE BUILDING PERMIT DT.23.9.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE NOTICE DT.20.11.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER DT.27.11.2002 OF THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DT. NIL OF THE 3RD RESPONDENT. EXT.P6: COPY OF THE JUDGMENT DT.1.4.2003 IN O.P.NO.820/03 OF THIS HON'BLE COURT. EXT.P7: COPY OF THE ORDER DT.12.5.2003 OF THE 3RD RESPONDENT. EXT.P8: COPY OF THE JUDGMENT DT.13.11.2003 IN W.P.(C0 NO.24050/03 OF THIS HON'BLE COURT. EXT.P9: COPY OF THE ORDER DT.19.4.2004 OF THE 2ND RESPONDENT. EXT.P10: COPY OF THE LETTER DT. 24.4.2004 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P11: COPY OF THE CONTEMPT NOTICE DT.27.4.2004 OF THE PETITIONER. EXT.P12: COPY OF THE ORDER DT.29.3.2004 OF THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.15127 OF 2004 ---------------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner was constructing the 1st floor for a building, on the strength of the permit issued by the 2nd respondent, Secretary, Kanhangad Municipality. The property in which the construction was undertaken was part of the scheduled property in a partition suit (O.S.No.137/1992 of Sub court, Hosdurg). There was an order to maintain status quo in that suit concerning the scheduled property. On realising that the construction undertaken would violate that order, the Secretary R.T.A stayed the permit granted to the petitioner. The said proceedings finally culminated in Ext.P12 order of the Chairman of the Municipality, which was approved by the Municipal Council also. As per that, the building permit granted to the petitioner was cancelled. The learned counsel for the petitioner submitted that the above suit was dismissed on 22.3.2004. The plaintiff therein filed Regular First Appeal No.251/2004 before this Court. In I.A.No.1488/2004, in that W.P.(C) No.15127/2004 2 R.F.A, this Court passed an order on 28.5.2004, permitting the continuance of the construction by the petitioner subject to the final orders of this Court in that appeal. In view of the above position, the objection of the Municipality no longer survives. Accordingly, Ext.P12 is quashed and Ext.P1 permit granted to the petitioner for constructing the 1st floor is restored. But, needless to say the construction will be subject to the orders in R.F.A. No.251/2004 pending before this Court. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps