IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 6130 of 2010(M) ------------------------------------- PETITIONERS: --------------------- 1. ABDUL LATHEEF, S/O.ABDULKADHAR, CHERIYA PUTHAN VEETIL HOUSE,BEYPORE.P.O, KOZHIKODE DISTRICT. 2. C.P.KABEER,S/O.ABDUL KHADAR, CHERIYA PUTHAN VEETIL HOUSE,BEYPORE.P.O, KOZHIKODE. 3. UMMERKOYA,S/O.HYDRU,KOOPIYIL HOUSE, POONAR VALAPPU,NEAR R.M.HOSPITAL,BEYPORE, KOZHIKODE. 4. MOIDEEN KOYA,S/O.MOHAMMED,ATHIKIARI VEETTIL HOUSE,PALATTIPADAM,KOLATHARA.P.O, KOZHIKODE. BY ADVS. MR.A.SUDHI VASUDEVAN, SMT.K.PUSHAPAVALLY. RESPONDENTS: ------------------------ 1. SECRETARY(SPECIAL GRADE),BEYPORE GRAMA PANCHAYATH,KOZHIKODE. 2. K.BEENA,W/O.SATHEESH,KOMMADATH HOUSE, DOOR NO.17/67,MARAD PAYYANAKKAL ROAD, NORTH BEYPORE,KOZHIKODE. 3. KRISHNANKUTTY,PENNANATH HOUSE, NORTH BEYPORE,KOZHIKODE. R2 & R3 BY ADV. MR.P.V.KUNHIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6130/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTERED ASSIGNMENT DEED DTD. 30/10/2009 EXECUTED IN FAVOUR OF THE PETITIONERS. EXT.P.2: COPY OF THE BUILDING PERMIT NO. 539/09-10 DTD. 30/12/09 ISSUED BY THE R.1. EXT.P.3: COPY OF THE ENTREPRENEURS MEMORANDUM CONTAINING THE ACKNOWLEDGE DTD. 05/02/2010 ISSUED BY THE MANAGER DISTRICT INDUSTRY CENTRE, KOZHIKODE. EXT.P.4: COPY OF THE ORDER DTD. 06/01/2010 ISSUED BY THE R.1. TO THE PETITIONERS. EXT.P.5: COPY OF THE VOTERS LIST OF 2005 IN KAYYADITHODU CONSTITUENCY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ------------------- W.P.(C).6130/2010 -------------------- Dated this the 9th day of March, 2010 JUDGMENT The challenge in the writ petition is against Ext.P4 an order passed by the 1st respondent cancelling Ext.P2 building permit issued in favour of the petitioner. Cancellation was ordered on the basis of a complaint made by the party respondents. 2. The case of the petitioner is that the building permit has been granted in compliance with the provisions of the Kerala Municipality Building Rules and that Ext.P4 order was issued without even issuing notice or hearing him. It was in view of this submission that this writ petition was admitted and notice was ordered to be served on the respondents by special messenger. Accordingly respondents 2 and 3 have entered appearance and have been heard. 3. A reading of Ext.P4 itself show that no notice was issued to the petitioner nor was the petitioner heard before cancelling the W.P.(C).6130/10 2 building permit. Having regard to the violation of principles of natural justice, Ext.P4 will have to be set aside. 4. Accordingly, Ext.P4 will stand set aside and it is clarified that it will be open to the 1st respondent to issue notice, hear the petitioner and the complainants and pass fresh orders in accordance with law, if there are sufficient grounds for such an action. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs