IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21447 of 2008(C)
1. P.T. BASHEER,
... Petitioner
Vs
1. DISTRICT COLLECTOR, KOZHIKODE.
... Respondent
2. CORPORATION OF CALICUT,
3. THE SECRETARY,
4. REVENUE DIVISIONAL OFFICER,
5. THE REGIONAL TOWN PLANNER,
6. THE SUPERINTENDENT,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SRI.K.D.BABU,SC,KOZHIKODE CORPORATION
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/12/2008
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 21447 of 2008
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Dated this, the 9th December, 2008.
J U D G M E N T
Petitioner applied for permit for construction of a building in his
property. The said application was referred to the District Collector
for no objection as the District jail complex is situated in front of the
proposed building site. The District Collector forwarded the papers to
respondents 4 to 6 for their views. After three years, the District
Collector issued Ext. P1 letter, informed that the authorities have no
objection in the matter, if the building in the property of the petitioner
is constructed as per the directions contained in Ext. P1. In Ext. P1
letter, it was directed that the height of the proposed building should
be less than the height of the jail complex. Therefore, the petitioner
prepared a revised plan of the proposed building in conformity with
the directions contained in Ext. P1 and the building rules and
submitted the same before the 3rd respondent. Despite the 3rd
respondent approving the same, the 3rd respondent referred the
matter again to the 1st respondent and in turn the 1st respondent has
referred it to respondents 4 to 6 again. It is under the above
circumstances the petitioner has filed this writ petition seeking the
following reliefs:
“(i) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents 1 to 3 to issue
building permit to the petitioner as applied for as per revised Ext.
P2 and P3 plans.
(ii) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents to consider the
petitioner’s application for building permit without any delay and
issue the necessary sanctions and permits thereto for construction
of building in the property of the petitioner as applied for as per
the revised Ext. P2 and P3 plans.”
2. On 18-11-2008, I passed the following order:
“The District Collector shall see that a report from the Jail
authorities on the building permit sought for by the petitioner is
forwarded to the 2nd respondent-Corporation within two weeks.”
W.P.C. No. 21447/08 -: 2 :-
The learned Government Pleader now submits that appropriate
approval has been granted by the District Collector in the matter after
obtaining the views of the jail authorities.
In the above circumstances, the writ petition is disposed of with
a direction to the 3rd respondent to consider the application for
building permit submitted by the petitioner and pass orders thereon
as expeditiously as possible, at any rate, within one month from the
date of receipt of a copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/