Petitioner allowed to construct wall per permit; Municipality to facilitate building application.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to permit the petitioner to construct a compound wall to his properties as per Exhibit P7 building permit, on Exhibit P6 plan submitted by the petitioner forthwith;

ii. Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the first respondent to consider the application for building permit submitted by the petitioner as evidenced by Exhibit P11 receipt, forthwith, without any further delay;

iii. Dispense with the filing of English translation of Vernacular documents;

iv) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case. (SIC)

2. The main prayer in this writ petition is to afford adequate protection to construct a compound wall to the property of the petitioner, in accordance with Ext.P7 building permit and on Ext.P6 plan.

3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned Standing Counsel for the Municipality.

4. The counsel for the petitioner submitted that there is obstruction from the Municipality for constructing the wall. The Standing Counsel submitted that there is no such obstruction from the side of the Municipality and if the petitioner is constructing in accordance with the building permit, there may not be any objection from any side. If that is the case, this writ petition need not be retained here. The counsel for the petitioner also submitted that there may be a direction consider the application for building permit, as evident by Ext.P9.

Therefore, this Writ Petition is disposed of in the following manner:

1. The petitioner is free to construct the compound wall strictly in accordance to Ext.P7 permit.

2. If there is any obstruction in constructing the compound wall strictly in accordance with Ext.P7 permit, the 4^th respondent will a adequate protection in accordance with law.

3. The competent authority of the 1^st respondent will consider the application for building permit submitted by the petitioner, as evident by Ext.P9 receipt, as expeditiously as possible, at any rate, within a period of sixty days from the date of receipt of a certified copy of this judgment.

Sd/-