A building permit application can be processed without fee if it meets necessary criteria, even amidst ongoing litigation.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

“i. Issue a Writ of Certiorari or any other appropriate Writs, Orders or directions to call for the records leading to Exhibits P-5 and to ‘quash the same.

ii. Issue a Writ of Mandamus, or any other appropriate Writs, Orders or direction commanding the 4t respondent to grant building permit to the petitioner as applied for, as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court.

iii. To dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice;

iv. Render such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

[SIC]

2. The main prayer in this writ petition is to issue a direction to the 2^nd respondent to grant building permit to the petitioner as expeditiously as possible, without insisting fee claimed in Ext.P5. 3. Heard the learned counsel for the petitioner, the learned Government Pleader, and the Standing Counsel appearing for the 2^nd respondent.

4. There is no dispute to the fact that the point raised by the petitioner is covered in favor of the petitioner in the light of the principle laid down by this Court in Abad Builder’s Private Ltd. v.

State of Kerala and Ors. [2025 (1) KLT 310]

5. The learned Government Pleader submits that the above judgment is under challenge before the Division Bench of this Court by filing W.A.No.495 of 2025. That being the case, the directions issued by this Court shall be subject to the final decision in W.A.No.495 of 2025.

6. With the above observation, this Writ Petition is disposed of in the following manner:

The 2^nd respondent is directed to process the building permit application without insisting fee, in the light of the principle laid down by this Court in Abad Builder’s Private Ltd (Supra), if the building permit application is otherwise in order, as expeditiously as possible at any rate within 50 days from the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE GBG