IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 29739 of 2009(J) -------------------------------------- PETITIONERS: --------------------- 1. T.M.ABRAHAM, 29/2268, THOTTAPLAKKIL, CHAMBAKARA, POONITHURA P.O., KOCHI-682 028. 2. MARY ABRAHAM, 29/2268, THOTTAPLAKKIL CHAMBAKKARA, POONITHURA P.O., KOCHI-682 028. BY ADV. MR.SAJI KURIACHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVERNMENT (M) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. TOWN PLANNING OFFICER, CORPORATION OF KOCHI. 3. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, KOCHI-11. R1 BY GOVT. PLEADER, R2 & R3 BY MR. S. RAMESH BABU, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------ W.P.(C). No. 29739 OF 2009 ------------------------------- Dated this the 28th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ When the petitioner applied for a building permit, Ext.P1 order was issued stating that the land will come within the alignment of 27 metre road proposed to be put up. That was quashed by the Tribunal for LSGI as per Ext.P3 order stating that acquisition of land for the purpose of a proposed road has not been taken up, is no ground. That order of the Tribunal has become final. The Tribunal had directed the Corporation to pass fresh orders. The Additional Secretary has now passed a fresh order on the very same ground by stating that the land will fall within the 27 metres road in terms of the structural planning. This is not only in subordination in the hierarchy of the authorities, it is also against all approved norms of administrative conduct, vis a vis, judicial or quasi judicial orders. It is not admissible for the Additional Secretary of the Corporation to refuse the permit on a ground referable to the proposal for the road in terms of the structural planning. W.P(C) No.29739/2009 2 In the result, this Writ Petition is allowed quashing Ext.P7 and is directed to issue a building permit since no other ground of objection is stated in Ext.P7. This shall be done within a period of two weeks from the date of production of a copy of this judgment. I am inclined to impose a cost of Rs.25,000/- (Rs.Twenty five thousand only) on the Additional Secretary, personally, in having force the petitioner to move from jurisdiction to jurisdiction seeking relief. But, the very persuasive submission made by the learned learned standing counsel, I refrain from imposing such costs. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) ps