IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15214 of 2010(B) -------------------------- PETITIONER(S): --------------- JAYAPRAKASH T., S/O.BHARATHI AMMA, AGED 44 YEARS, KUTTIMUKKU, RAMAVARMAPURAM P.O., THRISSUR - 680 631. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THRISSUR. 2. MADAKATHARA GRAMA PANCHAYATH, ACKARAPPURAM, KURICHIKKARA P.O. THRISSUR - 28, REPRESENTED BY ITS SECRETARY. BY G.P. SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15214 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010. JUDGMENT The petitioner seeks for a direction to the second respondent to consider his application for building permit without waiting for the completion of formalities for relinquishment of the land pertaining to the internal roads providing access to the petitioner's property by the predecessor-in-interest of the petitioner. 2. In spite of service of notice by special messenger, the second respondent Panchayat has not entered appearance. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. Learned counsel for the petitioner submitted that the residential house is proposed to be constructed by availing loan from the District Co-operative Bank, Thrissur and therefore any delay in the matter will adversely affect the petitioner. It is submitted that the loan amount will be released only if the petitioner produces the building permit from the Panchayat. It is averred in para 2 of the writ petition that the Panchayat is waiting for the finalisation of the relinquishment of certain properties by one Shri A.K. Pareeth from whom the petitioner purchased the property and then only the wpc 15214/2010 2 application submitted by the petitioner will be processed. It is the case of the petitioner that these two issues are unconnected and therefore his application is liable to be considered on merits. I find force in the above submission The consideration of the application for building permit submitted by the petitioner cannot depend upon the formalities for relinquishment of land made by Shri A.K. Pareeth. 4. In that view of the matter, the writ petition is allowed. There will be a direction to the Secretary of the second respondent Panchayat to consider the application for building permit submitted by the petitioner and finalise the action within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment for compliance. No costs. (T.R. Ramachandran Nair, Judge.) kav/ Paragraph 2 of the judgment dated 26.5.2010 in WP(C) No.15214/2010 is deleted vide order dt.27.7.2010 in RP 580/2010 sd/- Registrar (Judicial)