IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 26477 of 2009(D) -------------------------- PETITIONER(S): --------------- SUNNY ANTONY, KULANGARAYIL HOUSE, SANATHANAM WARD, ALAPPUZHA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER THOMAS MATHEW MATTATHIL, MUTTATHIL BUILDING, VETTIPURAM, PATHANAMTHITTA. BY ADV. SRI.V.GOPIKRISHNA RESPONDENT(S): --------------- 1. THE PATHANAMTHITTA MUNICIPALITY REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA. 2. THE CHAIRPERSON, MUNICIPAL COUNCIL OF PATHANAMTHITTA, PATHANAMTHITTA MUNICIPALITY. 3. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 4. THE DISTRICT TOWN PLANNER, PATHANAMTHITTA. BY S C V K SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 26477 OF 2009 ............................................ DATED THIS THE 7TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner applied for a building permit in 2007. Law provides that such application should be considered in terms of the Municipality Act and the KMBR. No decision was issued to him by the statutory authority. It is on record that repeated resolutions are passed by the Council taking the stand that the building permit cannot be issued on a ground referable to requirement of the land in question for a public purpose. In terms of the settled law, the petitioner undoubtedly has a sustainable grievance. But the fact of the matter remains that he is incapacitated from agitating an issue since the statutory authority has failed to issue any order, either allowing or rejecting his application for building permit. Under such circumstances, it is ordered that the competent statutory authority, who is duty bound to deal with Ext.P1 application for building permit shall issue orders thereon, within an outer limit of one month from the date of receipt of a copy of this judgment, Wpc 26477/2009 2 without fail. All issues on merits including the contentions raised in this writ petition are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/8/10