The petitioner, the owner of an item of property within the limits of the respondent Municipality. The petitioner had sought for the issue of a building permit to construct a commercial building in his property. As per Ext.P5 order, his application was rejected for the reason that, the property has been described as paddy land in the possession certificate. The order was passed on 10.12.2013. Admittedly the petitioner received the same in January 2014. His neighbours had also sought for a building permit. Upon rejection of their application, they had approached this Court and by Ext.P6 judgment their application has been directed to be considered afresh. Accordingly the same was considered and Ext.P7(a) proceedings have been issued granting them building permit. According to the petitioner, he is also entitled to similar treatment. The petitioner explains the delay in filing this writ petition by pointing out that, he had sought for the issue of a copy of Ext.P7(a) by submitting an application under the Right to Information Act. The preparation of the copy took time and that is the reason for the delay. 2. Heard. The reason stated by the petitioner cannot be accepted as sufficient to explain the long delay in this case. Admittedly the petitioner had got a copy of Ext.P5 proceedings in January 2014. A perusal of Ext.P7 shows that, the application for obtaining a copy of Ext.P7(a) under the Right to Information Act was submitted on 28.8.2014. There is no explanation for the delay of ten months that has intervened from the date of receipt of Ext.P5 and submission of the application. Ext.P7(a) has been passed obviously because the land owners in the said case had promptly challenged the order of rejection in their case. The petitioner did not do so.
Therefore, the present belated challenge cannot be entertained.
For the above reasons this writ petition is dismissed. However, the petitioner shall be at liberty to submit a fresh application for building permit. If such an application is submitted, the respondent shall consider the same on the merits and shall pass appropriate orders thereon, in accordance with law, without being influenced by the stand taken in Ext.P5.
jj /True copy/ Sd/-
K. SURENDRA MOHAN Judge