IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 32075 of 2010(H) --------------------------------- PETITIONER(S): ------------------- 1. HARIS TPC, S/O.KUNHIPATHUMMA, `SHAAM', OPPOSITE STATE BANK, MAHE. 2. KHADEESU TPC, D/O.KUNHIPATHUMMA, `SHAAM', OPPOSITE STATE BANK, MAHE. BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): -------------------- 1. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THALASSERY, KANNUR DISTRICT, PIN-670 101. 2. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN-670 101. 3. THE MUNICIPAL ENGINEER, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN-670 101. R1 & 3 BY ADV. SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 32075/2010(H) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING TAX DATED 30/09/2010. P1(a):COPY OF THE BUILDING TAX DATED 13/09/2010. P1(b):COPY OF THE PROPERTY TAX DATED 30/09/2010. P2: COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE MUNICIPALITY, THE 2ND RESPONDENT HEREIN DATED 12/08/2009. P3: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT MUNICIPAL ENGINEER DATED 26/08/2010. P4: COPY OF THE COMMUNICATION ISSUED BY THE FIRST PETITIONER DATED 13/09/2010. P4(a):COPY OF THE COMMUNICATION ISSUED BY THE 2ND PETITIONER DATED 13/09/2010. P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS FOR BUILDING PERMIT. P5(a):COPY OF THE SITE PLAN. P6: COPY O F THE JUDGMENT IN WPC. NO.28206/2006. P7: COPY OF THE JUDGMENT IN WRIT APPEAL NO.80/2007. P8: COPY OF THE JUDGMENT DATED 23/06/2009 IN WPC.NO.26792/2008 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs P.N.RAVINDRAN, J. ------------------------------- W.P.(C).No.32075 of 2010 ------------------------------- Dated this the 21st day of December, 2010. J U D G M E N T The petitioners jointly own a parcel of land, approximately of 2.40 cents in extent, situated within the local limits of Thalassery Municipality. A building bearing door Nos.12/1272 to 12/1277 stood in the property. A portion of the building collapsed and the said portion was removed. The Secretary of Thalassery Municipality thereupon issued Ext.P2 notice dated 12.8.2007, informing the petitioners that they shall not proceed to reconstruct the building without the permission of the local authority. The petitioners state that, though thereafter they submitted Ext.P5 application alongwith Ext.P5(a) plan, the Secretary of Thalassery Municipality declined to receive the application and that in the meanwhile, Ext.P3 provisional order dated 26.8.2010 was issued under section 406(1) of the Kerala Municipality Act. In this writ petition, the petitioners seek a direction to the Secretary of Thalassery Municipality, to receive Ext.P5 application and Ext.P5(a) plan and pass orders thereon, 2 W.P.(C).No.32075 of 2010 within a time limit to be fixed by this Court. The petitioners contend that, even assuming that they have commenced the construction of a building in the place of the old building, without the prior permission of the local authority, such construction can be regularised, if it is in accordance with the rules. Though the respondents have been served and have appeared through counsel, the respondents have not filed a counter affidavit explaining the reason why Ext.P5 application can not be received, processed and disposed of. In such circumstances, I dispose of this writ petition, with a direction to the 2nd respondent to receive the application for building permit from the petitioners and take a final decision thereon, expeditiously and at any rate within one month from the date on which the petitioners submit the application for building permit along with a certified copy of this judgment. P.N.RAVINDRAN, Judge. ami/