IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25500 of 2011(J) -------------------------- PETITIONER(S): -------------- 1. K.P.ABDUL KHAREEM, S/O.ABDUL KHADER, KESAVATH PARAMBIL HOUSE, ARAFA COMPLEX, TOWN HALL ROAD, KUNNAMKULAM, THRISSUR DISTRICT. 2. K.M.RUKHIA, W/O.K.P.ABDUL KHAREEM, KESAVATH PARAMBIL HOUSE, ARAFA COMPLEX, TOWN HALL ROAD, KUNNAMKULAM, THRISSUR DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER K.P.ABDUL KHAREEM, KESAVATH PARAMBIL HOUSE, ARAFA COMPLEX, TOWN HALL ROAD, KUNNAMKULAM,THRISSUR DT. BY ADV. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT TOWN PLANNER, THRISSUR-680 001. 4. THE KUNNAMKULAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KUNNAMKULAM, THRISSUR DISTRICT-680 503. 5. THE SECRETARY, KUNNAMKULAM MUNICIPALITY, THRISSUR DISTRICT-680 503. R1 TO R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI R4 & R5 BY ADV. SRI.RAJIT, SC,KUNNAMKULAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).NO. 25500 OF 2011(J) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT NO.BL-210/93-94 DATED 7.3.1994 ISSUED BY THE 4TH RESPONDENT P2: COPY OF THE PROCEEDINGS NO:BL 210/93-94 DATED 16.5.97 OF THE 5TH RESPONDENT P3: COPY OF THE GO(RT) 2197/97/LAD DATED 26.6.1997 OF THE 1ST RESPONDENT P4: COPY OF THE RELEVANT EXTRACT OF THE BUILDING PERMIT NO:BL 210/93- 94 DATED 17.11.2001 ISSUED BY THE 5TH RESPONDENT P5: COPY OF THE PROCEEDINGS NO:BL 210/93-94 DATED 20.10.2004 OF THE 5TH RESPONDENT P6: COPY OF THE PROCEEDINGS NO:BL-210/93-94 DATED 25.3.2008 OF THE 5TH RESPONDENT P7: COPY OF THE REPRESENTATION DATED 28.12.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT P8: COPY OF THE PROCEEDINGS NO:BA 210/93-94 DATED 9.3.2011 OF 5TH RESPONDENT P9: COPY OF THE ORDER DATED 19.8.2011 IN APPEAL 272/2011 P10: COPY OF THE PROCEEDINGS NO:BA/210/93-94 DATED 10.7.2006 OF THE 5TH RESPONDENT P11: COPY OF THE PROCEEDINGS NO:BA-210/93-94 DATED 20.7.2006 OF THE 5TH RESPONDENT P12: COPY OF THE ORDER DATED 30.9.2006 IN APPEAL 343/06 OF THE TRIBUNAL P13: COPY OF THE PROCEEDINGS NO:E2-1266/06 DATED 4.11.2008 OF THE 5TH RESPONDENT P14: COPY OF THE ORDER DATED 29.12.2008 IN APPEAL 635/08 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS P15: COPY OF THE PROVISIONAL ORDER NO:E2-12666/06 DATED 30.1.2009 OF THE 5TH RESPONDENT P16: COPY OF THE PROCEEDINGS NO:E2/1266/06 DATED 4.6.2009 OF THE 5TH RESPONDENT JJJ WP(C).NO. 25500 OF 2011(J) P17: COPY OF THE ORDER DATED 13.8.2009 IN APPEAL 578/09 OF THE TRIBUNAL P18: COPY OF THE RELEVANT EXTRACT OF THE APPLICATION FOR REGULARIZATION DATED 12.1.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT P18(a):COPY OF THE APPLICATION FEE RECEIPT DATED 13.1.2011 ISSUED BY THE 5TH RESPONDENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE JJJ HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 25500 of 2011 --------------------------------------- Dated this the 29th day of September 2011. JUDGMENT Government Pleader takes notice for the respondent Nos.1 to 3 Standing Counsel takes notice for the respondent Nos. 4 & 5. 2. The writ petition is filed for a direction commanding the respondents to consider Ext.P18 application for regularisation as expeditiously as possible. 3. Learned Standing counsel for the respondents 4 & 5 on instructions submits that the application for regularisation submitted by the petitioner has been forwarded to the 2nd respondent through 3rd respondent and the matter is pending consideration before the 2nd respondent. 4. Learned counsel for the petitioner submits that Ext.P18 application for regularisation was submitted on 12.1.2011 and that delay in disposal of Ext.P18 causes undue hardship to the W.P.(C) No.25500/2011 2 petitioners. 5. In the above facts and circumstances of the case, the writ petition is disposed of with a direction to the 2nd respondent to forward Ext.P18 application, within a period of 30 days from today and the first respondent State of Kerala shall consider and pass appropriate orders on Ext.P18 regularisation application within a period of one month from the date of receipt of the application from the 2nd respondent. HARUN-UL-RASHID JUDGE al