IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29855 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. SHEIK MOOSA,S/O.MOOSA HAJI, AGED 50 YEARS,AVULAN HOUSE,PONMALA, OTHUKUNGAL,MALAPPURAM DISTRICT. 2. FATHIMA,D/O.MUHAMMED, PONMALA,OTHUKUNGAL,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY,MALAPPURAM. BY ADV.SRI.N.ABDUL MAJEED, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29855 OF 2009 ------------------------------------------- Dated this the 22nd day of October, 2009 JUDGMENT Heard learned counsel for the petitioners and learned counsel for the respondent municipality. Petitioners state that by virtue of Ext.P2 order issued to their predecessor, there is no reason to refuse building permit on grounds stated in Ext.P1. This is a matter that the petitioners ought to have raised before the respondent. Accordingly, it is directed that if the petitioners produce Ext.P2, with appropriate representation, the respondent will consider it and if the representation is found to be in order, Ext.P1 will be recalled and appropriate orders issued in accordance with law. All other issues are left open. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.23/10.