IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 15123 of 2010(M) -------------------------- PETITIONER: --------------- 1. V. THIRUVENKITAM, SEEMATTI, K.K. ROAD, MUTTAMBALAM VILLAGE, KOTTAYAM. 2. T. BEENA, SEEMATTI, K.K. ROAD, MUTTAMBALAM VILLAGE, KOTTAYAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SRI.P.I.GEORGEKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMANDANT GENERAL, FIRE & RESCUE SERVICES HEADQUARTERS, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM -1. 3. SECRETARY, MUNICIPAL COUNCIL, KOTTAYAM. BY GOVT.PLEADER SMT.K.R.DEEPA FOR R1 & R2 ADV. SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15123 of 2010 --------------------------------- DATED THIS THE 4th DAY OF JUNE, 2010 JUDGMENT The petitioners are conducting business in textiles at Kottayam under the name “Seematti'. The showroom of the textiles concerned is now functioning in a five storeyed building (Ground + 4 floors) comprised in various survey numbers of Muttambalam Village. For expanding the business, construction of 5th and 6th floors of the building is now proposed by the petitioners for which an application for building permit was submitted as evident from Exhibit P1. Exhibit P2 is the copy of the no objection certificate issued by the Executive Engineer, National Highway Authority. When the application along with the plan was submitted Exhibit P3 reply was given by the Municipality. Modified plans have been submitted thereafter as per Exhibits P4 and P5. Exhibit P6 is the No Objection Certificate issued by the 2nd respondent. The Writ Petition is one filed seeking for a direction to respondents 2 and 3 to dispose of Exhibit P4 application submitted by the petitioners at the earliest. When the matter came up for hearing today, the learned W.P.(C)No.15123/10 -2- Standing Counsel for the Municipality submitted that the application for building permit stands rejected already. In that view of the matter, the learned counsel for the petitioners submitted that the petitioners will avail of the remedy under the statute for filing an appeal before the appropriate forum. Without prejudice to the said right, this Writ Petition is closed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn