J U D G M E N T

Dated this the 15th day of July, 2022 The petitioners, who are running a business in Angamaly Municipality, have submitted an application for Building Permit to construct a commercial building.

2. The petitioners state that after construction of the building, the 2nd respondent has issued proceedings dated 09.05.2018 stating that there is violation of the Kerala Municipal Building Rules.

3. According to the petitioners, the major objection raised by the respondents is placing of a generator cabin in front of the building and construction of the truss work at the terrace of the building. The petitioners would state that placing of a generator does not require a Building Permit and so is construction of truss work at the terrace portion for protection of the building.

4. The petitioners state that nevertheless the petitioners submitted an application for regularisation. While the application is pending, the respondents have issued Ext.P6 notice requiring the petitioners to show-cause why the preliminary proposal should not be confirmed.

5. I have heard Sri.O.D.Sivadas, the learned counsel for the petitioners and Sri.C.S.Ajith Prakash, the learned Standing Counsel appearing on behalf of the respondents.

6. From the pleadings in the writ petition, it is evident that against the proposal of the respondents, the petitioners have submitted Ext.P7 representation. In Ext.P7 representation, the petitioners have requested for regularisation of the construction.

7. This Court is of the view that in the facts of the case, it will be sufficient if the respondents are directed to consider Ext.P7 representation and take a decision thereon, after giving an opportunity of hearing to the petitioners.

In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P7 representation submitted by the petitioners and take a decision thereon, within a period of six weeks, after giving an opportunity of hearing to the petitioners.

Sd/-

N. NAGARESH, JUDGE smm/19.07.2022 APPENDIX OF WP(C) 23004/2022 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE POSSESSION CERTIFICAITE DATED 26.05.2018 ISSUED PERTAINING TO THE PROPERTY OF THE 1ST PETITIONER BY THE VILLAGE OFFICER, ANGAMALY VILLAGE.

EXHIBIT P2 COPY OF THE POSSESSION CERTIFICATE DATED 26.5.2018 ISSUED PERTAINING TO TEH PROPERTY OF THE 1ST PETITIONER BY THE VILLAGE OFFICER, ANGAMALY VILLAGE.

EXHIBIT P3 COPY OF THE LETTER DATED 19.4.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS EXHIBIT P4 COPY OF THE LETTER DATED 28.04.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS EXHIBIT P5 COPY OF THE REPLY DATED 07.05.2018 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT-DISTRICT EXHIBIT P6 COPY OF THE PROCEEDINGS NO.PW2-

5554/2018 DATED 9.5.2018 ISSUED BY THE

2ND RESPONDENT EXHIBIT P7 COPY OF THE REPLY DATED 24.5.2018 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 COPY OF THE REPLY/LETTER DATED

1.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS EXHIBIT P9 PHOTOGRAPH OF THE PETITIONERS BUILDING INCLUDING THE GENERATOR.