IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WA.No. 415 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4437/2009 Dated 11/02/2009 .................... APPELLANT(S): -------------- SAJI P.THOMAS FLAT NO 12 D, EXPRESS ESTATE APARTMENTS KALOOR, PO,COCHIN 682 017. BY ADV. SRI.C.K.KARUNAKARAN RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN REP. BY ITS SECRETARY, COCHIN 682 011. 2. STATE OF KERALA REP. BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT.GOVT. SECRETARIAT,THIRUVANANTHAPURAM. SRI.BENJAMIN PAUL, GOVT.PLEADER. SRI.S.RAMESH BABU, S.C., COCHIN CORPORATION. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.415 of 2009 ---------------------------------------------- Dated 16th March, 2009. J U D G M E N T Kurian Joseph, Ag.C.J. Appellant is the petitioner in the writ petition. The petitioner approached this court challenging Ext.P5 communication from the first respondent. As per Ext.P5, the application of the petitioner for building permit was rejected. It is the contention of the petitioner that the rejection is on improper grounds and that there is no application of mind to the facts of the case of the petitioner. There is a further contention that the communication itself is apparently a mistake of fact. It is also contended that the petitioner is entitled to the benefit of Ext.P8 judgment. The petitioner has pointed out all these aspects in Ext.P9 before the first respondent. The learned Single Judge dismissed the writ petition on the only ground that there is delay in pursuing his grievance against Ext.P5. But we find that the petitioner has been pursuing his grievance before the first respondent. Therefore, we set aside the judgment under appeal and dispose of the writ petition directing the first respondent to consider Ext.P9 with notice to the petitioner and pass a WA NO.415/09 2 considered order within a period of two months from the date of production of a copy of the judgment along with a copy of the writ petition. The Writ Appeal is disposed of as above. KURIAN JOSEPH, Ag.C.J. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.415 of 2009 ---------------------------------------------- J U D G M E N T Dated 16th March, 2009.