IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 13718 of 2010(L) ---------------------------------------- PETITIONER(S): ----------------------- M.D. ANILKUMAR, S/O.DAMODHARAN, AGED 52 YEARS, MANAGING DIRECTOR, INNOPACK, POLYMER PACKAGINGS PVT. LTD, POOSSARI MADA, VEMBATTU, THENKURISSI, PALAKKAD. BY ADV. SRI.JOHN JOSEPH (ROY) RESPONDENT(S): -------------------------- 1. THE DISTRICT TOWN PLANNER, DISTRICT TOWN GRAMA PLANNING OFFICE, PALAKKADU CIVIL STAITON, PALAKKADU. 2. THE THENKURISSI GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, THENKURISSI, ALATHUR TALUK, PALAKKADU, 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, L.S.G.D.,THIRUVANANTHAPURAM. R3 BY GOVT. PLEADER SMT.N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13718/2010-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SCHEDULE OF PROPERTY OF THE PETITIONER AS PER SALE DEED. EXT.P2: COPY OF THE SITE PLAN OF THE PROPOSED BUILDING SITE PREPARED BY THE VILLAGE OFFICER, THENKURISSI-II. EXT.P3: COPY OF THE ANOTHER SITE PLAN OF THE PROPOSED UNIT PREPARED BY THE SENIOR ENVIRONMENTAL ENGINEER. EXT.P4: COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 27/10/2009. EXT.P5: COPY OF THE FORWARDING LETTER ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 17/11/2009. EXT.P6: COPY OF THE LETTER DATED 16/12/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 21/01/2010 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE JUDGMENT DATED 22/02/2010 IN WP(C) NO. 5692/2010 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 25/03/2010 EXT.P10: COPY OF THE REPLY SUBMITTED BEFORE THE 2ND RESPONDENT DATED 31/03/2010. EXT.P11: COPY OF THE PROCEEDING DATED 03/04/2010 SERVED ON THE PETITIONER ON 16/04/2010 ISSUED BY 1ST RESPONDENT. EXT.P12: COPY OF THE LETTER DATED 13/04/2010 OF THE 2ND RESPONDENT. EXT.P13: COPY OF THE PRESENT APPLICATION SUBMITTED ON 19/05/2010. EXT.P14: COPY OF THE ACKNOWLEDGMENT OF THE APPLICATION ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13718/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of June, 2010 J U D G M E N T The petitioner herein is aggrieved by the objections taken by the Panchayat and the District Town Planner with regard to the issuance of a building permit for an Industrial Unit. The petitioner is the present Managing Director of a S.S.I unit in the name of Innopack Polymer Packings Pvt.Ltd. It is averred in the writ petition that the same is having Sales Tax Registration, S.S.I Registration and has consent from the Kerala State Pollution Control Board. 2. Ext.P11 is the communication addressed to the Secretary of the Panchayat by the District Town Planner. It is pointed out in the said letter that since the building is having a built up area of more than 200 Sq.Mts., atleast there should be a road having width of 7 mts. and going by the plan the road is having only 4 mts.width. Actually, the petitioner approached this Court challenging Ext.P11 and the communication issued by the Secretary of the Panchayat to the petitioner as per Ext.P12. 3. Along with I.A.No7332/2010, the petitioner has produced an application for Permit, as per Ext.P13 which W.P.(C). No.13718/2010 -:2:- according to the petitioner has been submitted after curing the defects. In the affidavit filed in support of the above I.A, it is pointed out that the petitioner has purchased sufficient land to construct road having 7 mts. width to the Industrial Unit as per Sale Deed No.1305/2010 date 10/05/2010 of S.R.O., Kuzhalmannam. Thereafter, the petitioner has filed a fresh application (Ext.P13) for building permit/regularisation before the second respondent. Ext.P14 is the copy of the acknowledgement which evidences receipt of the said application by the second respondent. 4. Therefore, there will be a direction to the second respondent-Panchayat to forward Ext.P13 application to the first respondent within a period of two weeks and, the first respondent will verify the same along with the plan and other materials furnished by the petitioner and process and communicate the decision to the Panchayat within a further period of two weeks. The Panchayat will take a decision thereon immediately at any rate within a further period of two weeks. The petitioner will produce the copies of the Judgment before the first and second respondents for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms