IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23896 of 2009(F) -------------------------- PETITIONER(S): --------------- SUNNY HOUSING (INDIA ) PVT LTD., SUNNY ESTATE,MAMANGALAM,PALARIVATTOM, ERNAKULAM-682025,REP.BY ITS PUBLIC RELATIONS OFFICER AND POWR OF ATTORNEY HOLDER SRI.K.G.HARIHARAN. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- 1. THE CORPORATION OF COCHIN, REP.BY ITS SECRETARY,ERNAKULAM. 2. THE ASST.EXECUTIVE ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE,EDAPALLY. 3. THE STATE OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, REP.BY ITS SECRETARY,SECRETARIAT,TRIVANDRUM. SRI.S.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 23896 OF 2009 F ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T The petitioner applied for a building permit and remitted the permit fee etc. Later, the matter was taken up by the Government on certain objections by the local residents and a stop memo was issued under the instructions of the Government. That was in September 2006. The construction activity based on Ext.P1 building permit dated 25.4.2006 thus comes to a stand still. With the passage of time the question has not been concluded either way by the Government or by the Corporation. Under such circumstances, the petitioner sought relief and confined its submission, at the stage of admission, to its request that the petitioner may be granted the relief of refund of amounts paid by it to the Corporation as per Ext.P2. That appears to be a reasonable request. One does not part with money for no purpose. The Corporation submits through its learned standing counsel that the petitioner's request Ext.P9 has not been received by the Corporation. The petitioner states that he has the postal WPC.23896/09 : 2 : acknowledgment regarding the delivery of the original of Ext.P9. But, matters need not lie down even for that. 2. In the aforesaid circumstances, without entering on merits, this writ petition is ordered directing that if the petitioner produces a copy of Ext.P9, along with the certified copy of this judgment, the competent authority in the Corporation will take a final decision on that request, within a period of five weeks therefrom. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks // True Copy // P.A. to Judge