IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7744 of 2008(V) ------------------------- PETITIONER: ------------ 1. S.K.HAMZA HAJI S/O. MUZHAKKUNHI HAJI, 'DARUL AMMEN' KANDOTH, PO PAYYANNUR, KANNUR DIST. 2. S.K. ABBAS, S/O. MOOZHAKUNHI HAJI 'AYISHA MANZIL' PERUMBA, P.O. PAYYANNUR KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY PAYYANNUR MUNICIPALITY PAYYANNUR. BY SHRI.K.J.MOHAMMED ANZAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 7744 of 2008 --------------------------------- Dated, this the 7th day of March, 2008 J U D G M E N T In this writ petition filed under Article 226 of the Constitution of India, the petitioners are challenging Ext.P9 order issued by the Secretary of the Municipality directing the petitioners to stop the construction work, which they have taken up on the basis of the building permit dated 08/03/1998, on the reason that the validity of the permit has expired. Under Ext.P9, the petitioners are threatened that in case construction work is continued, the constructions will be treated as illegal constructions and appropriate legal action will be taken against them. According to the petitioners, after Ext.P6 the petitioners requested for renewal of the permit, but the request was declined by the Municipality. But the Government noticed the fact that petitioners had surrendered a portion of very valuable property belonging to them for 12 metres wide road freely, issued Ext.P8 order directing the Municipality to issue building permit to the petitioners on condition that 3 metres of building line should be maintained from the margin of the 12 metres wide road. Pursuant to the Government's order, the petitioners submitted a revised plan which was approved by the Municipality WP(C) No. 7744/2008 -2- vide their endorsement on the original of Ext.P1 on 13/05/2005. According to the petitioners, since revised plan was approved on 13/05/2005, the permit Ext.P6 should relate forward to 13/05/2005 and it will expire only on 13/05/2008. The above argument of the petitioners, in my opinion, merits consideration at the hands of the Municipality in the circumstances of this case. The petitioners have submitted Ext.P10 application for extension of the permit under Rule 15A of the Kerala Municipality Building Rules. 2. I dispose of the writ petition directing the Municipality to take up Ext.P10, consider the same in the light of the grounds raised in the writ petition and the observations herein above, hear the petitioners and pass orders at the earliest. Orders as directed above will be passed by the Secretary of the Municipality within a period of six weeks of receiving copy of this judgment and copy of this writ petition. (PIUS C.KURIAKOSE, JUDGE) jg