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2026 Supreme(Online)(Ker) 14419

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
FR. JOY KOOTHUR – Appellant
Versus
THRISSUR MUNICIPAL CORPORATION – Respondent
WP(C) NO.7210 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.ABRAHAM THOMAS (PUTHURAN)
For the Respondents: SHRI.SANTHOSH P.PODUVAL, SC SMT. DEEPA V, GP

The court emphasized that compliance with statutory requirements entitles the petitioner to the issuance of a building permit under relevant regulations.

Headnote:The writ petition seeks a mandamus directing the Municipal Corporation to consider an application for a building permit under Rule 15(6) of the KPBR, 2019. The court recognized the petitioner's compliance with statutory requirements and directed a prompt decision on the application. The court emphasized the rights entitled under existing laws. The petitioner is entitled to a considered decision within 30 days.

Table of Content
1. petitioner seeks building permit compliance. (Para 1 , 2)
2. court mandates timely consideration of application. (Para 4)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“ i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent Municipal Corporation to consider and pass appropriate orders on the petitioner’s application for building permit bearing File No. 6469527-2025 dated 6/12/2025 (Ext. P5), within a time frame to be fixed by this Hon’ble Court;

ii) To declare that the petitioner, being the Vicar of St. Mary’s Church, Elthuruth under the Archdiocese of Thrissur, having complied with all statutory requirements including obtaining NOC from the Fire and Rescue Services Department and Consent to Establish from the Kerala State Pollution Control Board, is entitled to have his application for building permit considered strictly in accordance with law and also in the light of Rule 15 (6) of the KPBR , 2019;

iii) To issue a declaration that the petitioner is liable to be issued building permit since the same is deemed permit as per Rule 15(6) of the KPBR , 2019.

iv) Grant such other reliefs as this Hon’ble Court may deem just and proper in the interest of justice, including costs.

v) To dispense the above writ petition with English translation of the Malayalam documents.”

2. The main prayer in this writ petition is to consider and pass appropriate orders in petitioner’s application for building permit Ext. P5, as evident by Ext. P4 receipts. 3. Heard the learned counsel for the petitioner and the Standing Counsel appearing for the respondents.

4. After hearing both sides, there can be a direction to consider Ext. P5 within a short time.

Therefore, this writ petition is disposed of with the following directions:

i) The competent authority of respondents will consider Ext. P5 and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a copy of this judgment.

ii) The petitioner will produce a certified copy of this judgment before the competent authority of respondents who will do the needful.

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