IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 13460 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. P.A.SUBAIR, S/O. ABUDUL RAHIMAN, PALIPARAMPIL HOUSE, PERMBAVOOR VILLAGE, PERUMBAVOOR. 2. C.K.ABU, S/O. KOCHAMHAMMED, CHENGANCHERRY HOUSE, NEDUMTHODU, VENGOLA, MUDICKAL.P.O., PERUMBAVOOR. 3. N.O.VARUGHESE, S/O. VARUGHESE, NEETTINKARA HOUSE, VENGOLA, MUDICKAL.P.O., PERUMBAVOOR. BY ADV. SRI.K.A.JALEEL RESPONDENT(S): --------------- 1. PERUMBAVOOR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR. 2. SECRETARY, PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE, PERUMBAVOOR. ADV. SRI.V.M.KURIAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 13460 OF 2009 ............................................ DATED THIS THE 1ST DAY OF JUNE, 2009 JUDGMENT The petitioners applied for a building permit. The first respondent is yet to take a decision thereon. The petitioners seek a direction that the building permit be issued. The question of issuing a building permit by a local authority depends upon the entitlement of the petitioners for that permit in terms of law. If the application for permit is to be granted, such decision has to be issued by the competent authority, which is also empowered to reject the request, if it is liable to be rejected. But there cannot be any stale mate or inordinate delay in such matters. People cannot be made to wait indefinitely in the corridors of the Government or the local authorities seeking relief because a primary sovereign power rests with “We, the People” as a nation and all public servants including government servants and employees of the local authorities are merely servants of that Sovereign. Though the petitioners cannot insist on directions from this court that the building permit be issued, they have the WP(C) 13460/2009 2 statutory right to insist that the competent authority decides on the application for permit and issues a decision either way at the earliest and also to state reasons if the decision is against the petitioners. Let this be done within an outer limit of one month from the date of receipt of a copy of this judgment. All other issues left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/2/6