IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 25163 of 2011(U) -------------------------- PETITIONER: --------------- MR.KURIAN, AGED 58 YEARS, S/O. DEVASSIA, ARAYATHINAL HOUSE, MUTHALAKODAM P.O., THODUPUZHA. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): -------------------- 1. THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA, THODUPUZHA P.O., PIN-685 584, REPRESENTED BY ITS SECRETARY. 2. SMT.ROSAMMA, AGED 58 YEARS, W/O.JOSEPH, VENGATHANATHU (KADALIKKUTTIL) HOUSE, PETTENADU KARA, MUTHALAKODAM P.O., THODUPUZHA. R1 BY ADV. SRI.P.K.SOYUZ,THODUPUZHA MUNICIPALIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 25163 of 2011(U) ---------------------------------- APPENDIX -------------- PETITIONER(S) EXHIBITS -------------------------------- EXT.P1 TRUE COPY OF RECEIPT NO.023828 DATED 07.07.2011 ISSUED BY THODUPUZHA MUNICIPALITY. EXT.P2 TRUE COPY OF THE LETTER NO.B.A.148/11-12, DATED 14.7.2011 ISSUED BY THODUPUZHA MUNICIPALITY. EXT.P3 TRUE COPY OF THE PLAINT IN O.S.NO.154/2011 OF MUNSIFF'S COURT, THODUPUZHA. EXT.P4 TRUE COPY OF THE APPLICATION DATED 24.8.2011 SUBMITTED BY THE PETITIONER TO THODUPUZHA MUNICIPALITY. EXT.P5 TRUE COPY OF THE LETTER DATED 1.9.2011 ISSUED BY THODUPUZHA MUNICIPALITY TO THE PETITIONER. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 23.7.2011, SUBMITTED BY THE PETITIONER TO THODUPUZHA MUNICIPALITY. RESPONDENTS' EXHIBITS : NIL -------------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 25163 of 2011 --------------------------------------- Dated this the 17th day of November 2011. JUDGMENT The writ petition is filed for a direction commanding the first respondent to grant building permit to the petitioner in accordance with law. 2. Petitioner submitted an application for construction of residential building in the property. The application is dated 8.6.2011. In Ext.P2 communication, the Secretary of the Municipality, addressed to the petitioner dated 14.7.2011, it is stated that the petitioner remitted application fee and permit fee. Application is numbered as B.A.148/11-12. By Ext.P2 communication the petitioner was informed that since the 2nd respondent has filed a suit as O.S.No.154/2011 and is pending before the Munsiff Court, Thodupuzha, building Permit cannot be granted for the time being since the suit was for a decree of injunction. Ext.P3 is the copy of the plaint in the suit. Petitioner submits that the plan and application for building permit is in strict conformity with the Kerala Building Rules 1999. Petitioner has no intention to construct the building in violation of the provisions of Kerala municipal building Rules. It is pointed out that the W.P.(C) No. 25163/2011 2 Civil Court has not passed any order retraining the Municipality from granting building permit to the petitioner for the construction of building in his property. It is also pointed out that the petitioner had constructed a strong retaining wall on the western side of the road mentioned in the suit with support to the same and that the mere pendency of a suit is not a reason for not issuing building permit to the petitioner. 3. The only reason stated in Ext.P2 is the pendency of the suit. The respondent/Secretary of the Municipality has a statutory duty to pass orders on application for building permit within the statutory period. Mere pendency of a suit filed by a third person is not a reason for not passing appropriate orders. In the circumstances, the writ petition is disposed of with a direction directing the Secretary of the first respondent Municipality to consider the application for building permit submitted by the petitioner and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al