IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 4506 of 2009(J) ------------------------- PETITIONER(S): --------------- N.ARUMUGHAN,C/O.JOHN CHERIAN, ANANTHURATH HOUSE, VINOBHA NAGAR,CHELAVANNOOR ROAD COCHIN-20. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REP.BY THE SECRETARY LOCAL ADMINISTRATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY,MUNICIPAL COUNCIL, THRIPUNITHURA, ERNAKULAM. 3. DISTRICT COLLECTOR, ERNAKULAM. ADV. SRI.V.M.KURIAN FOR R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.4506 of 2009 ================== Dated this the 12th day of March, 2009 J U D G M E N T The petitioner applied for a permit for constructing a building. The grievance of the petitioner in this writ petition is that the same is not being considered by the 2nd respondent-Municipality. Since as per the Revenue records, the property is a wet land, the Municipality expressed a doubt as to whether a building permit can be issued for construction in that property. That matter was referred to the District Collector and this Court by Ext.P8 judgment directed the District Collector to pass orders on the same. The delay in the matter of disposing of the application for permit is stated to be because the District Collector had not passed orders. According to the petitioner, the petitioner was heard by the 3rd respondent- District Collector on 16.10.2008 and the District Collector had directed the 2nd respondent to pass appropriate orders in the matter. But the Municipality submitted before me on 20.2.2009 that they are yet to receive that order. Accordingly, I directed the learned Government Pleader to get instructions as to whether the District Collector had passed orders as directed in Ext.P8 and communicated the same to the Municipality. On 3.3.2009 the learned Government Pleader submitted that the District Collector would communicate that order to the Municipality within two w.p.c.4506/09 2 days. 2. Today the learned Standing Counsel appearing for the Municipality submits that orders have been received from the District Collector, in which it has been directed that the petitioner shall file a fresh application under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. 3. In the above circumstances, I dispose of this writ petition with the following directions: The petitioner shall file an application before the Committee constituted under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The said Committee shall pass orders on the same as expeditiously as possible, at any rate, within one month from the date of receipt of the application and communicate their decision to the Municipality immediately thereafter. On receipt of the dame, the Municipality shall pass orders on the petitioner's application for permit within a further period of two weeks from the date of receipt of the order from the Committee under the said Act. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge