SREEJI JAGADEESH Vs. SECRETARY

JUDGEMENT

(1.) Heard Smt. Sumathi Dandapani, the learned senior counsel appearing for the appellants. Also heard Sri. K.M. Vijayakumaran, the learned Standing counsel for the respondent Corporation of Kollam.

(2.) The appellants are the writ petitioners, and they challenge the judgment dated 9.11.2015 in the W.P.(C).No.6852/2014, whereby, the learned Judge issued direction to the Secretary of the Corporation of Kollam to re-consider the building permit application filed by the petitioners. It be noted that the building permit application was initially rejected by the Corporation, but under the order dated 21.8.2013 [Ext.P3] in the Appeal No.778/2012, the Tribunal for Local Self Government Institutions, while dismissing the appeal preferred by the appellants, allowed them to file a fresh application for building permit, which was directed to be considered by the Secretary, as per law. Accordingly, such a building permit application was again filed on 8.10.2013 [Ext.P4].

(3.) When the consideration of aforesaid application for building permit was delayed by the Secretary of the Corporation, the applicants filed the W.P. (C).No.6852/2014 with the contention that they are entitled to the benefit of the deemed building permit, under the provisions of the Kerala Municipality Act. The Corporation, on the other hand, produced a copy of the order suggesting that the building permit application has been rejected by the authorities [Ext.R1(b)].