IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32615 of 2008(G) -------------------------- PETITIONER(S): --------------- 1. PARAVUR TOWN MERCHANTS ASSOCIATION, REGISTRATION NO.ER 113/74, VYAPARA BHAVAN, CHENDAMANGALAM JUNCTION, NORTH PARAVUR, REP;BY ITS PRESIDENT S.DIVAKARA PILLA. 2. PARAVUR TALUK MERCHANTS WELFARE SOCIETY, REGISTRATION NO.ER 557/90, VYAPARA BHAVAN, CHENDAMANGALAM JUNCTION, NORTH PARAVUR, REPRESENTED BY ITS TREASURER V.B.VENUGOPAL. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. PARAVUR MUNICIPALITY, NORTH PARAVUR, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PARAVUR MUNICIPALITY, NORTH PARAVUR, ERNAKULAM DISTRICT. SHRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32615 of 2008 ================== Dated this the 5th day of November, 2008 J U D G M E N T The petitioner challenges Ext.P3 order in this writ petition. By Ext.P3 order, the petitioners' application for a building permit has been refused to be considered on the ground that the petitioners should produce a consent letter from the owner of adjacent property. When it was pointed out to the counsel for the petitioners that the petitioners have a right of appeal against Ext.P3, he would contend that Ext.P3 is not an order under any of the provisions of the Kerala Municipality Act and therefore, the petitioners cannot file an appeal. I am not satisfied with the said contention. Ext.P3 is essentially a rejection of the petitioners' application for building permit. Therefore, it is an appealable order as provided under the Kerala Municipality Act. Therefore, without prejudice to the right of the petitioners to file an appeal against Ext.P3 as provided under the Kerala Municipality Act, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2