IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 14884 of 2011(I) --------------------------------------- PETITIONER(S): ----------------------- ZAKHEER AHAMMED,AGED 45 YEARS, S/O.P.R.AHAMMED KHAN,PADIPURAYIL VEEDU, PERUNNA KIZHAKKU P.O, CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. CHANGANASSERY MUNICIPALITY, REP.BY ITS SECRETARY,MUNICIPAL OFFICE, CHANGANASSERY.PIN-686 101 3. SECRETARY,CHANGANASSERY MUNICIPALITY, CHANGANASSERY.PIN-686 101 R1 BY GOVERNMENT PLEADER SRI.C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14884/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE TITLE DEED NO.1604/2011 DATED 28/05/2001 P2 COPY OF THE BUILDING PERMIT DATED 22/3/2007 P3 COPY OF THE APPLICATION DATED 24/01/2011 P4 COPY OF THE RECEIPT NO.876/2011 DATED 24/01/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.14884 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF JULY, 2011 JUDGMENT This writ petition is filed for a direction commanding the 3rd respondent to renew Ext.P2 permit. The petitioner obtained building permit from the Municipality, the 2nd respondent herein to construct the 2nd floor over the existing building. Ext.P3 is the building permit issued to the petitioner. It is averred in the writ petition that in terms of Ext.P2 the petitioner has almost completed the construction of the 2nd floor. It is further averred that due to various reasons mentioned in the writ petition, the petitioner could not complete the building during the currency of Ext.P2 permit. In the said circumstances, the petitioner submitted Ext.P3 application for renewal of the permit. The grievance of the petitioner is that though Ext.P3 renewal application was submitted on 24/1/2011, respondents 2 and 3 has not taken any decision thereon till date. Therefore, the petitioner approached this Court for the aforesaid -2- W.P.(C).No.14884/2011 reliefs. In spite of receipt of notice, there is no appearance for respondents 2 and 3. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The learned counsel for the petitioner brought to this Court's notice Rule 15A(4) of the Kerala Municipality Building Rules and contended that it is mandatory for the Secretary to renew the building permit. In these circumstances and in the interest of justice, this Court is of the view that there shall be a speedy disposal of Ext.P3 application for renewal of the building permit. Therefore, the writ petition is disposed of with a direction to the 3rd respondent to consider and dispose of Ext.P3 application in accordance with law, as expeditiously as possible. at any rate within a period of six weeks from the date of receipt of a copy of the judgment. HARUN-UL-RASHID, Judge. kcv.