IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 7721 of 2010(M) ------------------------- PETITIONER(S): --------------- GEETHA ANI, AGED 29 YEARS, W/O.ANI, CHOORAKULATHU HOUSE, KUMBALANGHI P.O.,KOCHI-7. BY ADV. SMT.A.K.MAYAKRISHNAN SMT.A.A.GEETHA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPESENTED BY ITS SECRETARY, LOCAL SELF ADMINISTRATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL GRADE SECRETARY, KUMBALANGHI GRAMA PANCHAYATH, KOCHI-7. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7721 of 2010 (M) --------------------------------- Dated, this the 10th day of March, 2010 J U D G M E N T The petitioner submits that she applied for a building permit and that in reply she was issued Ext.P5, informing that orders could not be passed on the application in view of the pendency of O.S.No.458/2008 and that her application will be considered as and when favourable orders are passed in the suit. The petitioner submits that before Ext.P5 order was passed, by Ext.P6 judgment, the suit itself has been disposed of, and that she is not a party to the said suit. It is stated that highlighting this aspect, she has filed Ext.P7 before the Panchayat and sought reconsideration of Ext.P5. It is complaining that orders on Ext.P7 has not been passed. It is in these circumstances, this writ petition has been filed challenging Ext.P5. 2. As already stated, it is the case of the petitioner that Ext.P5 is illegal for the reason that she is unconnected with O.S.No.458/2008. Since according to her, she has brought this WP(C) No.7721/2010 -2- aspect to the notice of the Panchayat by filing Ext.P7, at this stage, the petitioner's grievance will be redressed if the Panchayat considers Ext.P7 in the light of Ext.P6 judgment rendered by the Civil Court in O.S.No.458/2008. Having regard to the above, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P7 in the light of Ext.P6 judgment rendered by the Civil Court. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg