IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WA.No. 619 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC 759/2009 dated 08/01/09 ................. APPELLANT/PETITIONER: -------------------------- SALIM, S/O.KOCHUMOHAMMED, VAZHAPPALLY PARAMBIL, P.O.CHAZHOOR, THRISSUR 680 571. BY ADV. SRI.K.JAYAKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. PARAVUR MUNICIPALITY REPRESENTED BY THE SECRETARY,MUNICIPAL OFFICE NORTH PARAVUR. R1 BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL R2 BY ADV. SRI.T.A.SHAJI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 619 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 30th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Challenging the rejection of the writ petition by the learned Single Judge, the present appeal is filed. The petitioner has sought for quashing of Ext.P2 order rejecting the petitioner's application for a building permit on the ground that there is a proposal for acquisition of the land in question. Relying upon the pronouncement of judgment of this Court as per Ext.P9, it is contended that as the petitioner/appellant is situated in the same position as the writ petitioner in WP(C) No.36662/07, disposed of in the year 2008, the appellant is also entitled for similar benefit. 2. We are informed by the learned Government Pleader that as against the sanction originally given by the Government for the acquisition, a review petition is pending before the WA No. 619/09 -:2:- Government and it will take some time to issue notification under Section 4(1) of the Land Acquisition Act. 3. Considering the rival contentions and the directions issued by the learned Single Judge in the disposed matter, we deem it proper to grant three months' time to the Government to dispose of the review petition filed and one year thereafter to issue notification under Section 4(1) of the Land Acquisition Act, if deemed proper. If the notification, within the time stipulated, is not issued, the Municipality shall issue the necessary permission to the appellant, if his application is otherwise in order. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No. 619/09 -:3:-