IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 3520 of 2010(L) -------------------------------------- PETITIONER(S): ----------------------- 1. MADHAVAN PILLAI S/O.ANANDAN PILLAI, SREERANGAM HOUSE THOTTUMUGHAM PO, ALUVA, ERNAKULAM. 2. M. MAHENDRAN S/O.MADHAVAN PILLAI, XIX/288-A, MARKET ROAD ALUVA PO, ERNAKULAM. BY ADV. MR.V.V.ASOKAN, MR.P.P.RAMACHANDRAN. RESPONDENT(S): -------------------------- 1. ELOOR GRAMA PANCHAYATH REPRESENTED BY PRESIDENT ELOOR GRAMA PANCHAYATH, ELOOR. 2. SECRETARY, (SPECIAL GRADE) ELOOR GRAMA PANCHAYATH, ELOOR. 3. REVENUE DIVISIONAL OFFICER FORT KOCHI. R1 BY ADV. MR.K.B.RAJESH. R3 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3520/2010-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN WP(C) NO. 29603/2008. EXT.P2: COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER. EXT.P3: COPY OF THE CONVERSION PERMIT GIVEN BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE PHOTOGRAPH SHOWING THE CONSTRUCTION OF THE BASEMENTS ALL AROUND THE PETITIONER'S PROPERTY. EXT.P4(a): COPY OF THE PHOTOGRAPH SHOWING THE CONSTRUCTION OF THE BASEMENTS ALL AROUND THE PETITIONER'S PROPERTY. EXT.P4(b): COPY OF THE PHOTOGRAPH SHOWING THE CONSTRUCTION OF THE BASEMENTS ALL AROUND THE PETITIONER'S PROPERTY EXT.P5: COPY OF THE SITE PLAN FOR BUILDING PERMIT. EXT.P5(a): COPY OF THE PLAN FOR BUILDING PERMIT. EXT.P6: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P7: COPY OF THE EXPLANATION GIVEN BY THE PETITIONRS TO THE RESPONDENTS. EXT.P8: COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE JUDGMENT IN WP(C) NO. 17906/2009 BEFORE THIS HONOURABLE COURT. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS 2 AND 3. EXT.P11: COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE PANCHAYATH COUNCIL . EXT.P12: COPY OF THE RESOLUTION OF THE 1ST RESPONDENT. EXT.P13: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P14: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS. EXT.P15: COPY OF THE REPLY SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J ------------------- W.P.(C).3520/2010 -------------------- Dated this the 16th day of March, 2010 JUDGMENT In respect of 76.360 cents of land owned by the 1st petitioner and 124.221 cents of land owned by the 2nd petitioner, they made an application to the 1st respondent Panchayat for the issuance of a building permit. By Ext.P12 resolution of the 1st respondent, the Panchayat resolved to grant building permit sought for by the petitioners. However, without implementing Ext.P12, 2nd respondent issued Ext.P13 and P14 to the petitioners calling upon them to rectify the defects mentioned therein. Petitioners submit that on receipt of Exts.P13 and P14, they filed Ext.P15 explanation dated 24.12.2009. Thereafter no action was taken by the Secretary and therefore, this writ petition was filed praying for a direction to the 2nd respondent to issue the building permit. 2. Notice was served on the respondents and the 1st respondent has entered appearance. There is no appearance on behalf of the 2nd respondent. W.P.(C).3520/10 2 3. Learned counsel for the 1st respondent submits that the application made by the petitioners was in compliance with the Rules and that the petitioners are entitled to be issued the building permit. 4. In view of the said submission and on account of the non appearance of the 2nd respondent to contradict the averments in the writ petition, I dispose of this writ petition directing the 2nd respondent to forthwith issue building permit to the petitioners based on Ext.P12 resolution passed by the 1st respondent Panchayat. Petitioners shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, Judge mrcs