IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 15605 of 2008(G) ----------------------------------------- PETITIONER: --------------------- M/S. ESSAR TELECOM INFRASTUCTURE(P) LTD. 36/2624, FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATION), MR.RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------------ 1. WANDOOR GRAMA PANCHAYAT, WANDOOR P.O., MALAPPURAM DISTRICT, PIN-679 328, REPRESENTED BY ITS SECRETARY. 2. WANDOOR GRAMA PANCHAYAT COMMITTEE, WANDOOR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.MANSOOR.B.H. - R1& 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15605/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT DTD. 10/03/2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF REPRESENTATION DTD. 18/03/2008 MADE BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF REPRESENTATION DTD. 19/04/2008 MADE BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER NO.A2-299/08 DTD. 24/04/2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.15605/2008 ----------------------------------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT In this writ petition what is under challenge is Ext.P4. 2. By Ext.P4 dated 24.4.2008, the petitioner has been informed by the respondent Panchayat that further proceedings on their application dated 10.3.2008 for a building permit has been stopped in view of the complaints raised by the residents of the locality. Petitioner contends that, application for building permit was made on 10.3.2008. They are also referring to Ext.P1 receipt issued on 10.3.2008 to contend that fees payable also was remitted on that day. According to the petitioner, once application has been made as above on 10.3.2008, on the expiry of one month, they are entitled to have deemed permit, in view of the provisions contained Rule 141(8) and 143 of the Kerala Municipal Building Rules, 1999. 2 3. I heard the counsel for the petitioner and also the standing counsel for the respondent. 4. In view of the aforesaid provisions contained in the Kerala Municipal Building Rules, it cannot be disputed that, if orders on an application have not been passed within 30 days of its receipt, the applicant is entitled to deemed permit. In this case it is not disputed that the application was not received on 10.3.2008. If that be so, on expiry of 30 days from that day, the petitioner is entitled to a deemed permit as provided in the aforesaid Rules. 5. In view of the position as above, Ext.P4 order issued on 24.4.2008, informing the petitioner that processing of his application has been stopped for the present is illegal, as there remained nothing to be processed on at that stage. Accordingly, quashing Ext.P4 this writ petition is disposed of. 6. It is clarified that in case, according to the Panchayat there is any circumstance warranting action against the petitioner, it will be open to the Panchayat to 3 do so in accordance with law and this judgment will not stand in its way. ANTONY DOMINIC JUDGE vi. 4