IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 8781 of 2010(W) ------------------------- PETITIONER(S): --------------- K.MOHAMMED BASHEER,KOOTHRADAN HOUSE, P.O.MUNDUPARAMBA,MALAPPURAM-676 509. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI SRI.RIJI RAJENDRAN SRI.JITHIN PAUL VARGHESE SMT.P.V.SHEETHAL RESPONDENT(S): 1 ---------------- KOZHIKODE CORPORATION,REPRESENTED BY ITS SECRETARY,KOZHIKODE. ADV. SRI.P.V.SURENDRANATH FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8781 OF 2010 (W) -------------------------------------------------- Dated this the 6th day of April, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P1, an order rejecting the application made by the petitioner for a building permit. Reason stated is the pendency of DTP Scheme and that in terms of the said Scheme, the zoning regulation do not permit construction of a commercial building as sought for by the petitioner. 2. I heard the Standing Counsel appearing for the first respondent. 3. It is not in dispute that, for the implementation of the Scheme, which was approved, the land has to be acquired under the provisions of the Land Acquisition Act and despite lapse of time, no proceedings in this behalf has been initiated. If that be so, the issue is covered in favour of the petitioner by virtue of the judgment in Secretary to Government V. Nazar (2010(1) KLT 286). In view of the above, the writ petition is disposed of directing the first respondent to reconsider the application made WPC.No. 8781/2010 :2 : by the petitioner, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/