IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 24287 of 2011(I) --------------------------------------- PETITIONER(S): ----------------------- 1. A.P.SUBAIDA, W/O.YOUSUF, "ALEEZ", PERINGADI P.O., THALASSERY TALUK. 2. MISRIYA MUNEER, D/O.YOUSUF, "ALEEZ", PERINGADI P.O., THALASSERY TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): ---------------------------- 1. THE SECRETARY, NEW MAHE GRAMA PANCHAYATH, PERINGADI P.O., THALASSERY TALUK, KANNUR DT - 670 649. 2. THE ASST.ENGINEER, LSGD, NEW MAHE GRAMA PANCHAYATH, PERINGADI P.O., THALASSERY TALUK, KANNUR DT - 670 001. 3. NEW MAHE GRAMA PANCHAYATH, PERINGADI P.O., THALASSERY TALUK, KANNUR DT, REP. BY IT'S SECRETARY - 670 649. R1, R3 BY ADVS. SRI.A.MOHAMED MUSTAQUE, SRI.K.R.AVINASH (KUNNATH). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24287/2011 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE JUDGEMENT DATED 17.11.2008 IN WPC 29321/2008. EXT.P2 COPY OF THE BUILDING PERMIT NO.BL.NO.52/05-06 DATED 29.12.2008. EXT.P3 COPY OF THE COMMUNICATION DATED 28.6.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4 COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONERS. EXT.P5 COPY OF THE SITE PLAN SUBMITTED ALONG WITH THE APPLICATION FOR RENEWAL OF PERMIT FOR THE REVISED PLAN. EXT.P6 COPY OF THE ORDER NO.04/NM/AE DATED 6.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P7 COPY OF THE ROUGH SKETCH SHOWING THE PETITIONERS PROPERTY AND ADJACENT LAND. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 24287 of 2011 --------------------------------------- Dated this the 21st day of October 2011. JUDGMENT The writ petition is filed seeking a direction directing the respondents to renew Ext.P2 building permit approving the Revised Plan submitted by the petitioners. This Court had occasion to consider the very same grievance of the petitioners. Ext.P1 is the judgment in W.P.(C) No. 29321/2008. This Court directed the respondents to renew the building permit subject to the result of the final order in the suit and subject to the condition that the petitioner shall not start construction in accordance with the renewed permit without obtaining orders from the Court. 2. The first respondent issued Ext.P2 renewed permit. Learned counsel for the petitioner pointed out that before the expiry of the renewal period i.e. three years, the petitioner submitted an application to renew the permit with a revised plan and site plan. Ext.P3 is the communication issued by the 2nd respondent directing the petitioner to cure the defect in the W.P.(C) No.24287/2011 2 application for renewal of the building permit. In the above circumstances, the writ petition is disposed of directing the respondents to renew the building permit within one month from today subject to the final orders in the suit and subject to condition that the petitioner shall not start construction in accordance with the renewed permit without obtaining orders from civil court. HARUN-UL-RASHID JUDGE al