IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 22527 of 2008(F) -------------------------- PETITIONERS: --------------- 1. T.H.MUSTHAFA, THOTTUMKARAYIL, EDAVETTI P.O, THODUPUZHA, REPRESENTED BY POWER OF ATTORNEY HOLDER THAJUDDIN T.H., 2. MISSIRI MUSTHAFA, THOTTUMKARAYIL, EDAVETTI P.O., THODUPUZHA, REPRESENTED BY POWER OF ATTORNEY HOLDER THAJUDDIN T.H.. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENTS: ----------------- 1. THE SECRETARY, THODUPUZHA MUNICIPALITY, THODUPUZHA,. 2. THE THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THODUPUZHA. 3. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.E.S.MOHAMED KABIR,SC,THODUPUZHA MUN FOR R1-2 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22527/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ASSIGNMENT DEEDS DATED 6.9.2001. EXT.P2: TRUE COPY OF the ASSIGNMENT DEEDS DATED 27.12.2001. EXT.P3: TRUE COPY OF THE REQUEST OF THE SECRETARY ADDRESSED to the DISTRCIT MEDICAL OFFICER DATED 24.6.2003. EXT.P4: TRUE COPY OF the ORDER OF THE DISTRICT MEDICAL OFFICER ISSUING NOC DATED 8.10.03. EXT.P5: TRUE COPY OF THE GOVERNMENT ORDER DATED 8.4.2005. EXT.P6: TRUE COPY OF THE REPORT OF THE DISTRICT MEDICAL OFFICER. EXT.P7: TRUE COPY OF THE COMMUNICATION DATED 6.5.2006. EXT.P8: TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 16.1.2008. EXT.P10: TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 22527 OF 2008 F ==================== Dated this the 20th day of August, 2008 J U D G M E N T Petitioners who had submitted Ext.P8 application for a building permit, the receipt of which has been acknowledged by Ext.P9, are seeking an order directing the Municipality to issue building permit in respect of their land comprised in Sy.No.184/6/1 of Thodupuzha Village, Thodupuzha Taluk. 2. It appears that the Municipality had initially proposed acquisition of land for establishing a fish market covering the properties in Sy.No.184/6 and 184/7 of Thodupuzha Village. In respect of the aforesaid lands, by Ext.P4, the District Medical Officer also has granted his no objection certificate. However, subsequent to that, petitioner submits that his land also happened to be included by the Municipality and in respect of which an enquiry was conducted by the DMO, who did not recommend its inclusion as per Ext.P6 report. On receipt of Ext.P6, it is also seen that Government had issued Ext.P7, directing the Municipality to take a decision in the light of Ext.P6 report of the District Medical Officer. 3. There has not been any progress in the matter thereafter. WPC 22527/08 :2 : Long thereafter, in 2008, the petitioners submitted Ext.P8 application for a building permit and as decision was being delayed, this writ petition has been filed. 4. Though a statement has been filed on behalf of the Municipality, what is disclosed is that there has not been any progress in the matter after receipt of Ext.P7 from the Government. If the matter remains without any progress as above, this means that there is no progress in the proposal for acquiring the land as originally proposed or modified at a later point of time, in which case, there should not be any difficulty for the Municipality to take a decision on Ext.P8 application for building permit made by the petitioners consistent with Exts. P6 and P7. This the Municipality shall do, as expeditiously as possible, at any rate within 4 weeks of receipt of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp