IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4437 of 2009(C)
1. SAJI.P.THOMAS,FLAT NO.12 D, EXPRESS
... Petitioner
Vs
1. CORPORATION OF COCHIN, REP. BY ITS
... Respondent
2. STATE OF KERALA,REP BY SECRETARY,
For Petitioner :SRI.C.K.KARUNAKARAN
For Respondent :SRI.K.ANAND, SC, COCHIN CORPN.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/02/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.4437 of 2009
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Dated this the 11th day of February, 2009
J U D G M E N T
The petitioner challenges Ext.P5 order dated 25.9.2006 whereby
the petitioner’s application for a building permit has been rejected. I
am not inclined to entertain this writ petition since the explanation
furnished by the petitioner for the long delay of two years in
challenging Ext.P5 is not at all convincing. The explanation offered by
the petitioner is that the petitioner knew about the reasons for
rejecting the application for building permit only now. Whether the
petitioner knew the reasons or not, the same cannot stand in the way
of challenging Ext.P5 within a reasonable time and in fact the non-
disclosure of reasons would have been a ground for such challenge.
Therefore, the same is not an acceptable explanation for not
challenging Ext.P5 immediately after it has been received. In the
above circumstances, the delay and laches in challenging Ext.P5
remains unexplained. Therefore, I am not inclined to exercise my
discretionary jurisdiction in favour of the petitioner. Accordingly, the
writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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