IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31284 of 2010(I) -------------------------- PETITIONER: --------------- KRISHNAKUMARI, AGED 52 YEARS, W/O.LATE CHANDRASEKHARAN, RESIDING AT MARATH MADOM POOTHOTTA P.O., ERNAKULAM DISTRICT-682307. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.ANIYANKUNJU VARGHESE RESPONDENTS: --------------- 1. UDAYAMPEROOR GRAMA PANCHAYAT, REPRESENTED BY SPECIAL GRADE SECRETARY, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT-682307. 2. HARIDAS, AGED 40 YEARS, S/O.ANANDAKRISHNAN EMBRANDHIRI, MARATH MADOM, POOTHOTTA, ERNAKULAM DISTRICT, PIN-682307. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF REVENUE, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, MANAKUNNAM VILLAGE, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT-682307. BY GOVT. PLEADER SRI. K.RAMESH SRI.PHILIP T.VARGHESE, SC FOR R1 SRI.THOMAS T.VARGHESE FOR R1 SMT.ACHU SUBHA ABRAHAM FOR R1 SMT.N.ASWATHY FOR R1 SMT.DIVYA KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31284 OF 2010 -------------------------- Dated this the 15th day of October, 2010 J U D G M E N T The petitioner who has filed a suit O.S. 1090 of 2009 in the court of the Munsiff, Ernakulam to set aside a sale deed in respect of 5 cents of land in favour of the second respondent, has filed this writ petition challenging Ext.P8 building permit issued by the first respondent in favour of the second respondent whereby the second respondent has been permitted to construct a residential building in the said parcel of land. This writ petition is filed contending that in view of the pendency of the civil suit, the second respondent should not be permitted to proceed with the construction of the building. In my opinion, if the writ petitioner is aggrieved by the issuance of a building permit to the second respondent, her remedy lies either in approaching the Tribunal for Local Self Government Institutions under rule 160 of the Kerala Municipality Building Rules which are made applicable to Grama Panchayats also or to seek appropriate interim orders in the suit already instituted by her. Without prejudice to that right and leaving open the contentions of the petitioner on merits, this writ petition is dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2