IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 15165 of 2010(U) -------------------------------- PETITIONER: -------------- E.T.DEVASSY, S/O.CHANKAN THOMAN, EDASSERY HOUSE, PALAYAMPARAMBU PO,THRISSUR DT. BY MR.V.M.KRISHNAKUMAR, ADVOCATE. MS.P.A.ANITHA, ADVOCATE. RESPONDENTS: ------------------ 1. CHALAKUDY MUNICIPALITY REP BY ITS SECRETARY, MUNICIPAL OFFICE, CHALAKUDY. 2. STATE OF KERALA REP BY SECRETARY DEPARTMENT OF LOCAL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM. BY MS. SUDHADEVI, GOVERNMENT PLEADER FOR R2. MR.M.P. ASHOK KUMAR, SC FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15165 /2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 26.2.04 OF THE GOVT. EXT. P2 : COPY OF BUILDING PERMIT ISSUED BY THE MUNICIPALITY DTD. 14.3.07. EXT. P3 : COPY OF LETTER No.G1-1175/08 DTD. 1.2.08 OF MUNICIPAL DIRECTOR. EXT. P4 : COPY OF JUDGMENT IN W.P.(C) No.20988/2008 DTD. 30.7.08. EXT. P5 : COPY OF JUDGMENT IN W.A.No.1837/08 DTD. 17.12.08. EXT. P6 : COPY OF ORDER OF MUNICIPALITY DTD. 22.12.09. EXT. P7 : COPY OF JUDGMENT IN W.P.(C) 123/2010 DTD. 19.1.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15165 OF 2010 --------------------------------------- Dated this the 27th day of July, 2010. J U D G M E N T The main prayer in the writ petition is for a direction to the 1st respondent Municipality to accept the application for completion certificate of the building constructed as per Exhibit P2 and grant completion certificate and number the building if the construction is in accordance with Exhibit P2 building permit. 2. Learned Standing Counsel for the Municipality submitted that a final order has been passed as per order No.BA 537/05-06 dated 05.06.2010 whereby the application and the revised plan submitted by the petitioner have been found not in conformity with law and rules of Kerala Municipality Building Rules and hence rejected. The said order is not under challenge in this writ petition. Therefore, leaving open the remedy of the petitioner to W.P.(C) No.15165/2010 2 approach the higher forum under the relevant provisions of the Kerala Municipalities Act, this writ petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp