IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 27995 of 2008(G) -------------------------------- PETITIONER: -------------- M.BASHEER, AGED 54, S/O. MOHAMMED KUNJU, ASHEER MANZIL, PAYIKUZHI, OCHIRA, KARUNAGAPALLY. BY MR.P.V.MOHANAN, ADVOCATE. RESPONDENTS: ------------------ 1. OCHIRA GRAMA PANCHAYATH (SPECIAL GRADE) REPRESENTED BY THE SECRETARY, OCHIRA P.O., KOLLAM DISTRICT. 2. EXECUTIVE ENGINEER, NATIONAL HIGH WAY, ROADS DIVISION, KARUNAGAPPAY. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. BY MR.B.HARISH KUMAR, ADVOCATE, FOR R1. SMT. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.27995/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE BUILDING PLAN. EXT. P2 : COPY OF THE BUILDING TAX RECEIPT. EXT. P3 : COPY OF THE BUILDING TAX RECEIPT. EXT. P4 : COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT. EXT. P5 : COPY OF THE ORDER No.OD3/11/08 (394) DTD. 10.7.2008. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.27995 OF 2008 ---------------------------------------- Dated this the 4th day of March, 2009 JUDGMENT The petitioner filed this writ petition complaining that his application for a building permit has not been considered and orders passed by the 1st respondent. When the matter came up on 20.2.2009, the learned counsel for the 1st respondent submitted that an order has been passed on the application for building permit submitted by the petitioner, rejecting the application for building permit. Since the learned counsel for the petitioner maintained that a copy of that order was not served on the petitioner, I directed the learned counsel for the 1st respondent to hand over a copy of that order to the learned counsel for the petitioner. Now the petitioner has filed I.A.No.3231/09 seeking permission to amend the writ petition challenging that order also. I am of opinion that the appropriate remedy of the petitioner, against the order now passed, is to challenge the same in an appeal as provided under the Kerala Panchayat Raj Act. Therefore, without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd