ERANHIKKAL KUNHALANKUTTY, v. KONDOTTY MUNICIPALITY,
WP(C)/23882/2022 · 2025-04-01
Viju Abraham
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7558 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7558 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) No.23882 of 2022 1 2025:KER:28174 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 23882 OF 2022 PETITIONER:
ERANHIKKAL KUNHALANKUTTY, AGED 87 YEARS S/O AHAMMED KOYA, PADATH HOUSE, NEERADU, MUTHUVALLUR (PO), MALAPPURAM-673638 BY ADV K.PRAVEEN KUMAR RESPONDENTS: 1 KONDOTTY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KONDOTTY, MALAPPURAM-673638 . 2 THE SECRETARY, KONDOTTY MUNICIPALITY, KONDOTTY, MALAPPURAM-673638. BY ADV SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23882 of 2022 2 2025:KER:28174 VIJU ABRAHAM, J. ................................................................. W.P.(C) No.23882 of 2022 ................................................................. Dated this the 1st day of April, 2025 JUDGMENT
Petitioner has approached this Court challenging Exts.P2 and P3. 2. The specific case of the petitioner is that by Ext.P1 building permit was issued but his application for renewal of the building permit was rejected by Exts.P2 and P3 stating the pendency of W.P.(C) No.2725 of 2019. 3. The learned counsel appearing for the respondent Municipality submits that the application for renewal of building permit has been rejected only for the reason of pendency of W.P.(C) No.2725 of 2019. After hearing both sides, I am of the view that W.P.(C) No.2725 of 2019 has absolutely no connection with the renewal of building permit which is within the property of the petitioner and that the said writ petition has been dismissed as withdrawn. In view of the fact that the said writ petition has now been withdrawn, the request of the petitioner for renewal of building permit has to be considered in accordance with law. To facilitate the same Exts.P2 and P3 are set aside. The period during which the petitioner has been prosecuting this case shall be condoned while
W.P.(C) No.23882 of 2022 3 2025:KER:28174 considering the application for renewal. The application shall be considered by the respondents and orders passed thereon within a period of two weeks from the date of receipt of a copy of the judgment. Sd/- VIJU ABRAHAM JUDGE cks
W.P.(C) No.23882 of 2022 4 2025:KER:28174 APPENDIX OF WP(C) 23882/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT NO. B2-77/2017-18 DATED 22-6-17. Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO. E1- 6143/20 DATED 06.10.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF THE NOTICE BEARING NO.
PW1- 6143/20 DATED 01.06.2022 PURPORTED TO BE ISSUED UNDER APPENDIX V OF THE KERALA MUNICIPALITY BUILDING RULES ISSUED BY 2ND RESPONDENT.