IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17916 of 2008(G) -------------------------- PETITIONERS: --------------- 1. K.P. POLSON, KOOTHUR HOUSE, KANIAMBAL ROAD, (P.O), KUNNAMKULAM, THRISSUR DISTRICT. 2. SUJO J. KOLLANOOR, KOLLANOOR HOUSE, NEPPANS LANE, CALICUT ROAD, KUNNAMKKULAM, THRISSUR DISTRICT. 3. P.V. VARGHESE, PARAVALAPPIL HOUSE, NEAR GOVERNMENT GIRLS HIGH SCHOOL, KUNNAMKULAM. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V BIJU J.THADIKKAL RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PWD DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,THIR UVANANTHAPURAM. 3. THE KUNNAMKULM MUNICIPALITY, P.O. KUNNAMKULAM, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 4. THE SECRETARY, KUNNAMKULAM MUNICIPALITY, PWD DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WPC NO.17916/08 -2- 5. ADV.P.B.BALAN, PANDARAPARAMBIL HOUSE, AKKIKAVU P.O. KUNNAMKULAM, THRISSUR. 6. MR.P.A.BALAN, PANDARAPARAMBIL HOUSE, AKKIKAVU P.O, KUNNAMKULAM, THRISSUR. BY GOVT.PLEADER SMT.K.R.DEEPA SRI.GRACIOUS KURIAKOSE FOR R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17916 OF 2008 - G = = = = = = = = = = = = = = = Dated this the 16th day of June 2008 J U D G M E N T The grievance of the petitioner is against Ext. P5, building permit granted to respondents 5 and 6. Petitioner contends that aggrieved by the said permit he has approached the Municipal Council by filing Ext. P3 and that the said representation has not been considered so far. It is complaining of the delay in considering Ext. P3 the writ petition has been filed. 2. Though several contentions on merits have been urged by the petitioner, I do not think that an adjudication of those issues is necessary at least at this stage. In my view, now that Ext. P3 has been filed before the Municipal Council, it is for the council to take note of Ext. P3 and pass orders thereon with notice to the petitioner and the beneficiaries of Ext. P5 building permit. 3. Accordingly the writ petition will stand disposed of. The Council of the 3rd respondent Municipality shall consider Ext. P3 in the manner as directed above and pass appropriate orders thereon W.P.(C) No. 17916 OF 2008 -2- as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 3rd respondent Municipality for compliance. ANTONY DOMINIC JUDGE jan/-