IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 5208 of 2010(A) ------------------------- PETITIONER(S): --------------- T.V.JAYARAJ, AGED 50 YEARS, S/O.LATE T.C.VARGHESE, RESIDING AT THOLATH HOUSE, S.N.PARK, POOTHOLE (P.O.), TRICHUR-4. BY ADV. SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): --------------- 1. THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM. 2. THE CHIEF TOWN POANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., LOCAL ADMINISTRATION DEPARTMENT. SC FOR R1 SRI. GRACIOIUS KURIAKOSE SPL. GOVT. PLEADER SRI. C.M. SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5208 OF 2010 (A) -------------------------------------------------- Dated this the 2nd day of March, 2010 J U D G M E N T An application made by the petitioner for a building permit was rejected by the Municipality by Ext.P7 order dated 6.10.2009. The reason stated is that the proposal of the petitioner will affect the DTP scheme for Kunnamkulam Central Area Part-I and the road widening contemplated therein. 2. When this matter came up for orders today, the learned Government Pleader on instructions from respondents 2 and 3 submits that the scheme has not been approved or notified by the respondents. If this be the factual position, the reason stated in Ext.P7 for rejecting the application for building permit of the petitioner is incorrect. Only when there is an approved and notified scheme, the Municipality can reject an application on the ground of violation of the scheme. In this case it is evident that there is no valid scheme and therefore Ext.P7 is illegal and has to be quashed. Accordingly, I quash Ext.P7 and direct the Municipality to consider the application made by the petitioner for a building WPC.No. 5208/2010 :2 : permit. This shall be done as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/