IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 15672 of 2008(N) -------------------------------------- PETITIONER: ------------------- BENNY RAPHEL.K.J., AGED 40 YEARS, S/O.K.R.JOHN, KUNNALAKAT HOUSE, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF-GOVERNMENT (RB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MARADU (SPECIAL GRADE) GRAMA PANCHAYATH, MARADU P.O., KOCHI-682 304, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, MARADU (SPECIAL GRADE) GRAMA PANCHAYATH, MARADU P.O., KOCHI-682 304. GOVT. PLEADER SRI. K.V. MANOJ KUMAR FOR R1, ADV. SRI.S.CHANDRASENAN FOR R2 & R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15672/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT ISSUED BY THE R.2. PANCHAYAT TO THE PETITIONER. EXT.P.2: COPY OF THE AGREEMENT FOR SALE DTD. 27/11/2006 EXECUTED WITH THE PETITIONER. EXT.P.3: COPY OF THE PHOTOGRAPHS 3 IN NUMBER OF THE APARTMENT CONSTRUCTED BY THE PETITIONER. EXT.P.4: COPY OF THE LETTER DTD. 18/05/2007 ISSUED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT TO THE R.2. PANCHAYAT. EXT.P.5: COPY OF THE NOTICE DTD. 04/06/2007 ISSUED TO THE PETITIONER BY THE R.3. EXT.P.6: COPY OF THE ORDER BEARING NO. A1 (28) 179/2007 DTD. 24/07/2007. EXT.P.7: COPY OF THE INTERIM ORDER IN W.P.(C). NO. 23046/2007 OF THIS HONOURABLE COURT. EXT.P.8: COPY OF THE APPLICATION FOR NUMBERING THE BUILDING. EXT.P.9: COPY OF THE LETTER DTD. 30/04/2008 ISSUED BY THE PANCHAYAT TO THE PETITIONER. EXT.P.10: COPY OF THE I.A. NO. 12549/2007 IN W.P.(C). NO. 23312/2007 DTD. 04/12/2007 IN W.P.(C). NO. 23312/2007 DTD. 04/12/2007. EXT.P.11: COPY OF THE REPRESENTATION DTD. 31/07/2007 SUBMITTED BY THE PETITIONER. EXT.P.12: COPY OF THE REPLY DTD. 06/08/2007 SENT BY THE PETITIONER. EXT.P.13: COPY OF THE REVISED PLAN SUBMITTED BEFORE THE PANCHAYAT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 15672 of 2008 -------------------------------------------------------- Dated: AUGUST 29, 2008 JUDGMENT Petitioner was granted a building permit vide Ext.P1 for a multi storied apartment complex. According to the petitioner, on the strength of Ext.P1, he has completed the construction. However, on the ground that the construction was not in compliance with the provisions of the Building Rules, the permit was recalled by the 2nd respondent as per Ext.P9. It is thereupon that this writ petition has been filed. 2. During the pendency of the writ petition, petitioner submits that he has rectified the defects and filed Ext.P13 revised plan for the approval of the 2nd respondent. It is stated that orders on Ext.P13 are not passed in view of the pendency of this writ petition and this position is confirmed by the learned counsel for the 2nd respondent. 3. Having regard to the above submissions, I dispose WP(C) 15672/08 2 of this writ petition with the following directions:- i. Respondents 2 and 3 shall take up, consider and pass orders on Ext.P13, revised plan submitted by the petitioner, as expeditiously as possible, and at any rate, within four weeks from today. ii. In the meanwhile the interim order passed by this Court on 27.5.2008 will remain in force and its continuance or otherwise will depend upon the order to be passed on Ext.P13. It is clarified that all contentions raised by both sides on the merits of the case are left open. ANTONY DOMINIC, JUDGE mt/-