IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 33024 of 2009(W) -------------------------- PETITIONER(S): --------------- PARACHODAN MUHAMMED, AGED 68 YEARS,S/O.LATE AHAMMED, PARACHODAN HOUSE,P.O.MELMURI, MALAPPURAM. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENT(S): --------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY,MALAPPURAM. BY SRI.ABUDL MAJEED, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33024 OF 2009 ------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT The petitioner was granted with building permit on 20.2.2006 (Ext.P3). He was also given Ext.P1 order for conversion of land in terms of the KLU Order. That was in March, 2003. Certain exemptions were also given by the Government as per Ext.P2. He, accordingly, completed the construction. Thereafter, the impugned Ext.P4 has been issued on 16.8.2008, proposing to withdraw the building permit. Whatever be the reasons attributable, the impugned notices are not issued on a ground that the building permit was obtained by the petitioner practicing fraud on the municipality. He has completed the construction in terms of the building permit. Under such circumstances, the impugned notices do not stand. Accordingly, the impugned notices are quashed and the respondent is directed to issue completion certificate and consider the building for being alloted with building number WPC.33024/09 2 with reference to Exts.P1 and P3 within a period of five weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/12.