IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 16400 of 2011(Y) -------------------------------------- PETITIONER: ------------------- SHRI.T.SHAMEER, (REPRESENTED BY HIS FATHER, BEING THE POWER OF ATTORNEY), SHRI.UBAID, AGED 64 YEARS, S/O.SRI.MOIDEEN, HOUSE NO.16/303, NILAMBUR PANCHAYATH, NILAMBUR P.O. 679 329. BY ADV. SRI.M.K.CHANDRA MOHANDAS. RESPONDENTS: ------------------------ 1. NILAMBUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NILAMBUR-679 329. 2. THE SECRETARY, NILAMBUR MUNICIPALITY, NILAMBUR-679 329. R1 & R2 BY ADVS.SRI.PRAVEEN K. JOY.S.C, SMT.JEBI MATHER HISHAM, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16400/2011-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HIS FATHER. EXT.P.2: COPY OF THE BUILDING PERMIT NO.E1-673/10 DTD. 19/05/2010. EXT.P.3: COPY OF THE NOTICE NO.B2.673/10 DTD. 28/12/2010 ISSUED BY THE R.2. EXT.P.4: COPY OF THE RECEIPT ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 16400 OF 2011 ------------------------------- DATED THIS 28TH THE DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a direction commanding the 2nd respondent to grant building permit to the petitioner and also for a direction to consider and dispose of fresh application for building permit dated 5/2/11 in accordance with law, expeditiously, at any rate, within a time frame to be fixed by this Court. 2. Ext.P2 is the original building permit granted to the petitioner for constructing a residential building. Subsequently, the Municipality issued Ext.P3 notice dated 28/12/2010 noting certain defects and directed the petitioner to submit a fresh application for building permit. 3. The learned counsel for the petitioner submits that as per Ext.P2 original building permit issued on 19/5/2010, he erected concrete pillars and while the construction of the building was going on, Ext.P3 notice was issued. In Ext.P3 notice itself it is -2- W.P.(C).No.16400/2011 stated that the land, on which the construction is started, is a paddy land as per record, though there are coconut plants around 25 years old standing thereupon and there are old houses in the nearby plots. In Ext.P3 a further direction was issued to submit a fresh plan limiting the construction within 10 cents of land and to apply for approval. Accordingly, the present application was submitted on 5/2/2011. Ext.P4 is the receipt issued by the 2nd respondent, after accepting application and plan for building permit. Petitioner is aggrieved by the delay in issuing the permit, though his application is pending for the last several months. 4. This is a case where the application for permit was submitted in January 2010 and in May 2010 original permit was issued. The petitioner could not complete the construction only for the reason that the Municipality intervened and issued Ext.P3 order. In the facts and circumstances of the case, there is no justification for the Municipality to keep pending the revised application submitted on 5/2/2011 that too as directed by the Municipality. -3- W.P.(C).No.16400/2011 The statute also prescribes the period within which permit shall be issued. In this case, due to the inaction of the Municipality the petitioner is put to severe hardship and he was compelled to approach this Court for the aforesaid relief. In the circumstances, the writ petition is disposed of with a direction to the 2nd respondent to consider and dispose of the application for building permit dated 5/2/2011 as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of the judgment. HARUN-UL-RASHID, Judge. kcv. -4- W.P.(C).No.16400/2011