IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WA.No. 2301 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.14868/2007 Dated 23/10/2008 .................... APPELLANT/PETITIONER: -------------------------- P.P.SREENIVASAN, S/O.PARANKUTTY PANIKANPARAMBIL HOUSE KATTUR PO., THRISSUR DISTRICT, REP.BY HIS P/AT HOLDER BHABBY RAJAN, S/O.M.R.RAJAN, MALIEKAL HOUSE CHALAKKUDY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THRISSUR MUNICIPAL CORPORATION REP. BY ITS SECRETARY, M.O.ROAD, THRISSUR 2. SECRETARY, THRISSUR MUNICIPAL CORPORATION, M.O.ROAD, THRISSUR. 3. CHIEF TOWN PLANNER, O/O.CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 4. M/S.IDEAL PROPERTIES ANDDEVELOPERS, 30/739, JETAVANA, POONKUNNAM, THRISSUR REP. BY ITS PROMOTER DR.KAMARUDEEN, 4TH FLOOR CHELUR RESIDENCY, SANKARANKULANGARA JN., GURUVAYOOR ROAD, POONKUNNAM, THRISSUR. 5. SUHARA KAMARUDEEN, W/O.DR.KAMARUDEEN 1ST FLOOR, CHELUR RESIDENCY, SANKARANKULANGARA JN. GURUVAYOOR ROAD, POONKUNNAM, THRISSUR. 6. M/S.SREELATHA KESAVAN, PROMOTER, M/S.IDEAL PROPERTIES AND DEVELOPERS, 30/739, JETAVANA, POONKUNNAM, THRISSUR. WA : 2301/08 7. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL R4 & R5 BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON R3 & R7 BY SR. GOVT. PLEADER, SRI. BENJAMIN PAUL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, ALONG WITH WA NOS. 2316 & 2319 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.Nos. 2301, 2316 & 2319 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 23rd day of May, 2009 JUDGMENT Kurian Joseph, J. These writ appeals are directed against the common judgment dated 23.10.08 in WP(C) 28045 of 2006 and connected cases. The crucial issue pertains to the alleged violation of the building rules, zoning regulations etc. in the matter of grant of building permit to the respondent, M/s.Ideal Properties and Developers. The learned Single Judge has disposed of the writ petitions directing the Secretary to the Corporation of Trichur to take a final decision with notice to all the parties. 2. Having heard learned counsel on both sides and also the learned Government Pleader, we find that it will be more expedient to direct the Secretary to Local Self Government Department to take a decision in the matter with notice to all parties including the Chief Town Planner, since the related matters are under consideration by the Government. Therefore, without expressing any opinion as to the merits of the matter and WA Nos.2301, 2316 & 2319/08 -:2:- leaving all the contentions open, we dispose of the writ appeals as follows: There will be a direction to the Secretary to Government, Local Self Government Department, to take a final decision on the dispute with regard to the alleged violations as pointed out in the writ petitions with notice to all the parties in the writ petitions and also the Chief Town Planner. This shall be done as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment by either party. The direction of the learned Single Judge to maintain status quo will continue till a decision as above is taken by the Government. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA Nos.2301, 2316 & 2319/08 -:3:-