IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21318 of 2009(H) --------------------------------------- PETITIONERS: --------------------- 1. V.P. GEORGE, AGED 65 YEARS, PENSIONER, S/O. V.O. PAVOOR, VELLARA HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERY. 2. MR. JOHN, K. JOSEPH, AGED 50 YEARS, BUSINESS, S/O. JOSEPH, KEECHERITHARA HOUSE, SURYA NAGAR, KALAMASSERY. 3. MR. M.J. CHACKO, AGED 85 YEARS, PENSIONER, S/O. JOSEPH, MADAKKAKUZHY HOUSE, RAJAGIRI ROAD, KALAMASSERY. 4. MRS. MARIAMMA IYPE, AGED 56 YEARS, HOUSE WIFE W/O. IYPE, THUDIUMPARAMBIL HOUSE, RAJAGIRI ROAD, KALAMASSERY. 5. M.C. BABU, AGED 62 YEARS, PENSIONER, S/O.M.K. CHACKO, MATHASSERY HOUSE, KAIRALI NAGAR, MOLLEPADAM ROAD, KALAMASSERY. 6. MR. M.E. ISSAC, AGED 60 YEARS, PENSIONER, S/O.PAPPU, MALAYIL THEKKATHIL HOUSE, KALAMASSERY. 7. MR. M.K. PAULOSE, AGED 65 YEARS, PENSIONER, S/O. M.P. KURIAN, MANNARA PRAYIL HOUSE, PATHADIPALAM, EDAPPALLY. 8. MR. KUKOSE G, AGED 47 YEARS, COMPANY EMPLOYEE, S/O. GEORGE, GILLS COTTAGE, BISHOP QUARTERS, RAJAGIRI ROAD, KALAMASSERY. BY ADV. SRI.K.A.MANZOOR ALI W.P.(C). NO.21318/2009-H: RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, TO LOCAL SELF GOVERNMENTS , GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KALAMASSERY MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICER, KALAMASSERY. 3. THE SECRETARY, KALAMASSERY MUNICIPALITY, MUNICPAL OFFICE, KALAMASSERY.\ 4. NATIONAL COUNCIL OF Y.M.C.A. INDIA, KALAMASSERRY SOUTH UNIT, REP. BY ITS SECRETARY, ZACHARIA MATHEW, PARAKKAL HOUSE, KALAMASSERY, PIN -682 533. R2 & R3 BY MR. M.K. ABOOBACKER, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21318/2009-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SKETCH OF THE PROPERTIES. EXT.P.2: COPY OF THE SALE DEED NO. 1517/2003 OF S.R.O. EDAPPALLY. EXT.P.3: COPY OF THE JUDGMENT IN O.S. NO. 64/2006 OF MUNSIFF COURT, ERNAKULAM. EXT.P.4: COPY OF THE PLAN OF THE BUILDING. EXT.P.4.A: COPY OF THE SKETCH OF THE PROPERTY OF THE R.4. SUBMITTED BEFORE R.2. EXT.P.5: COPY OF THE COMPLAINT DTD. 11/02/2009 FILED BY THE PETITIONERS BEFORE THE R.3. EXT.P.6: COPY OF THE APPLICATION SUBMITTED BY THE P.8 AND ANOTHER DTD 22/07/2009. EXT.P.7: COPY OF THE PLAINT IN O.S. 291/2009 BEFORE THE SUB COURT, ERNAKULAM, BY THE PETITIONERS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 21318 OF 2009 ............................................ DATED THIS THE 29th DAY OF JULY, 2009 JUDGMENT Government Pleader takes notice for R1. Notice to fourth respondent dispensed with, preserving its right to move for re- hearing of this writ petition, if aggrieved by the directions contained herein. 2. Petitioners challenge the grant of permit for construction of a building in terms of Ext.P4 and P4(a) plan. The contentions raise mixed questions of law and fact, which do not fall to resolution in writ jurisdiction, more particularly, because the petitioners have an efficacious alternate remedy by recourse to Tribunal for Local Self Government Institutions. With this situation, learned counsel for the petitioner states that in spite of Ext.P6, the Municipality has not issued a copy of the building permit in question. Ext.P6 is dated 22.7.2009 and this writ petition is filed on 28.7.2009. Whatever that be, the learned counsel for the Municipality very fairly states that his client would issue an authenticated copy of the building permit in question. Wpc 21318/2009 2 Hence without prejudice to the petitioners' right to seek relief before the Tribunal, if so advised, in accordance with law, this writ petition is dismissed, however recording the submission on behalf of the Municipality that it will issue the copy of the permit to the petitioners on production of a copy of this judgment. All other issues on merits are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/30/7