IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 12896 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. K.M.BAVA, AGED 63 YEARS, S/O.MEETHIAN, CHOORA KOTTA, KALLEPRATH HOUSE, KANGARAPPADY. 2. ASMA BEEVI, AGED 54 YEARS, W/O.K.M.BAVA, CHOORA KOTTA, KALLEPRATH HOUSE, KANGARAPPADY. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. KALAMASSERY MUNICIPALITY, KALAMASSERY, REPRESENTED BY ITS CHAIRMAN. 3. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN, COCHIN-682 001. BY GP SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).12896/2009 -------------------- Dated this the 8th day of May, 2009 JUDGMENT Petitioners challenges Ext.P2 order issued by the second respondent, Municipality, declining permission for a permit to construct a building in their property. Admittedly the order is appealable. It is therefore, open to the petitioners to file an appeal before the concerned authority. 2. Hence, if the petitioners file an appeal within three weeks, it shall be considered and disposed of in accordance with law, after hearing the petitioners as also the Municipal authorities within two months thereafter. It is made clear that if the appeal is filed within the aforementioned time, Tribunal shall not reject the same on the ground of bar of limitation, and shall proceed to dispose of the appeal on merits. Writ petition is disposed of as above. V.GIRI, Judge mrcs