IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 16295 of 2009(F) -------------------------- PETITIONER(S): --------------- SUNDARAN C., S/O.VELUKUTTY, MADATHIL HOUSE, MALAPPURAM, KOTTAPPADY, MALAPPURAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT TOWN PLANNER, MALAPPURAM. 3. THE MALAPPURAM MUNICIPALITY REPRESENTED BY THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. BY GP V MANU FOR R1, R2, R4 BY SC N ABDUL MAJEED FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 16295 OF 2009 ............................................ DATED THIS THE 7TH DAY OF AUGUST, 2009 JUDGMENT The petitioner seeks to quash two orders passed by the third respondent, refusing building permit on the ground that it would controvert the provisions of the detailed Town Planning Scheme. In view of the decision in Nasar V. Malappuram Municipality(2009(3)KLT 92), it has been held that the said scheme is not operational and any attempt to stand by that scheme to reject the application for building permit will be oppressive and in violation of the fundamental right to equality and equal protection of the laws. In the result, the impugned orders are quashed and the Municipality is directed to consider the application for building permit without reference to the grounds stated in the impugned order. Writ petition allowed accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/8