2025:KER:27399 WP(C)No.8126 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 8126 OF 2025 PETITIONER/S: SARAMMA KUNJUKUNJU, AGED 84 YEARS W/O. LATE KUNJUKUNJU, CHARUVILAPUTHENVEEDU (PALACE LAND), PULAMON P.O, KOTTARAKKARA, KOLLAM, PIN - 691531 BY ADVS. AYSHA YOUSEFF MOLLY JACOB JOBI.A.THAMPI SHOUKATH HUSAIN AKHEELA FARZANA RESPONDENT/S: 1 KOTTARAKKARA MUNCIPALITY, REPRESENTED BY ITS SECRETARY, PULAMON P.O, KOTTARAKKARA, KOLLAM DIST, PIN - 691531 2 THE SECRETARY, KOTTARAKKARA MUNICIPALITY, PULAMON P.O, KOTTARAKKARA, KOLLAM DIST, PIN - 691531 OTHER PRESENT: Shri.M.K.Chandramohan Das, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27399 WP(C)No.8126 of 2025 2 J U D G M E N T The petitioner is aggrieved by the inaction on the part of the 2nd respondent in considering Ext.P3 application for a permission to construct a retaining wall in the property of the petitioner. According to him, even though the application was submitted as early as on 12.05.2024, no decision has been taken thereon till this time. This writ petition is seeking the following directions:- (i) To issue a writ of mandamus or any other writ, order or direction directing the 2"4 respondent to take a call on the Ext.P3 application and grant permit as sought for within a time frame as fixed by this Hon’ble court. (ii) To issue any other writ, order or direction as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case. (iii) Dispense with production of translation of vernacular documents produced along with the writ petition. (iv) To allow the cost of the proceedings. After hearing the learned counsel for the petitioner and the Learned Counsel appearing for the respondent Municipality, I am of the view that there is no justification in 2025:KER:27399 WP(C)No.8126 of 2025 3 keeping Ext.P3 application pending. In such circumstances, this writ petition is disposed of directing the 2nd respondent to take a decision on Ext.P3 within a period of one month from the date of receipt of copy of this judgment, if it is not already disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:27399 WP(C)No.8126 of 2025 4 APPENDIX OF WP(C) 8126/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 918/1971 DATED 27.03.1971 OF KOTTARAKKARA SRO Exhibit P2 TRUE COPY OF THE DECREE IN O.S.151/2005 DATED 18.06.2007 Exhibit P3 TRUE COPY OF THE APPLICATION DATED 12.05.2023 ALONG WITH PROPOSED PLAN FOR RETAINING WALL Exhibit P4 TRUE COPY OF THE RECEIPT THEREOF DATED 23.05.2023 Exhibit P5 TRUE COPY OF THE NOTICE DATED 16.3.2024