SALIM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who has obtained Ext.P4 building permit No.A3-13/2013-14 dated 10.2.2014 issued by the 6th respondent, who is the Secretary of the 5th respondent Grama Panchayat, for constructing a commercial building having a total plinth area of 852.68 sq.m. (GF:352.68 sq.m. +FF:500 sq.m.) in his property in Survey No.170/18, 170/20 of Kunchithanny Village in Devikulam Taluk, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P19 order dated 25.01.2019 of the 5th respondent, whereby Ext.P4 building permit, (validity of which was renewed upto 09.02.2020), stands cancelled for the reasons stated therein. The petitioner has also sought for a writ of mandamus forebearing the 6th respondent from interfering with the construction on the strength of Exts.P3 and P4 building permits. Ext.P3 is another building permit dated 17.02.2010 for constructing 99.90 sq.m. of building in the land comprised in Survey No.170/18 and 170/20 of Kunchithanny Village. As per the endorsement made on Ext.P3, the validity of the said permit was renewed only upto 16.02.2016. Ext.P19 order, which is under challenge in this writ petition, is one issued in respect of Ext.P4 building permit No.A3-13/2013-14 dated 10.2.2014.

(2.) On 20.3.2019, when this writ petition came up for admission, it was adjourned to 21.03.2019. On that day, the writ petition was ordered to be listed on 25.03.2019 along with W.P.(C)Nos.7366 of 2019, 1439 of 2018 and 27482 of 2018.

(3.) On 20.05.2019, this Court recorded the submission made by the learned counsel for the petitioner that the petitioner shall file an application to implead Sri Sileesh M.M. (who is the complainant referred to in Ext.P19 order and also the additional 6th respondent in W.P. (C)No.1439 of 2018 filed by the petitioner), the concerned Electrical Inspector and also the Assistant Engineer of the concerned Electrical Section as additional respondents.