KODUVALLY MUNICIPALITY Vs. KHADEEJA

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 5 of the Kerala High Court Act, 1958, the original respondents have challenged the interim order dtd. 12/4/2023 in W. P. (C) No. 7069 of 2023 by which the learned Single Judge directed the present appellants to issue building permit in terms of Ext. P10 application for effecting construction in the petitioner's property, without insisting on surrender of any more land.

(2.) By taking us through the prayers made in the writ petition, learned advocate appearing for the appellants would submit that the learned Single Judge ought not to have passed the interim order, which is in the form of a final order, granting the main prayer itself.

(3.) On the other hand, learned Advocate appearing for the original petitioner would submit that, as per the Kerala Municipality Act, 1994, deemed permission has to be granted in view of sub-sec. (2) of Sec. 392. He would further submit that it is an undisputed fact that the application submitted by the original petitioner was placed before the Municipal Council and for more than one month, the Council has not taken any decision as to whether the application should be approved or permission should be given, and therefore, the same has to be treated as deemed permission. He would also submit that no interference is required to be called for.