IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 6165 of 2008(H) ------------------------- PETITIONER: ------------ V.K. RAJESH, S/O. NARAYANAN, AGED 33 YEARS, GOLDSMITH,RESIDING AT PADMINI NIVAS MUZHAPPILANGAD, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------- 1. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 2. THE TOWN PLANNING OFFICER, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 3. THE THALASSERY MUNICIPALITY REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.I.V.PRAMOD FOR R1 & 2 R4 BY GOVERNMENT PLEADER SRI K.V.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6165 of 2008 ------------------------------------- Dated: MAY 29, 2008 JUDGMENT Ext.P3 by which building permit was declined to the petitioner is under challenge in this writ petition. 2. Though several contentions have been raised, I do not think it is necessary to examine those contentions for the disposal of this writ petition. 3. As is evident from Ext.P3, the said order has been passed by the Town Planning Officer who is not the authority specified in sec.390 of the Municipalities Act to deal with an application for a building permit. In terms of the said proviso, it is the Secretary of the Municipality who is obliged to consider the application and pass orders thereon. In this case since the Town Planning Officer has dealt with the application made by the petitioner and referred to in Ext.P3, Ext.P3 will stand quashed and the Secretary of the Municipality is directed to consider the application and pass fresh orders with notice to the petitioner. This shall be done as WP(C) 6165/08 2 expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. 4. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-