IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26632 of 2008(U) -------------------------- PETITIONER: MOHAMMED SHEREEF, KIZHEDATH HOUSE, U.P. HILL, MALAPPURAM P.O., MALAPPURAM - 676 503. BY ADV. MR. KALEESWARAM RAJ. RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., 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. R1 & R2 BY GOVT. PLEADER SMT. K.R. DEEPA. R3 BY S.C. MR. BABU S. NAIR. THIS W.P.(C) HAVING COME UP FORADMISSION ON 3/9/2008 ALONG WITH W.P.(C) Nos. 26747 & 26696/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) Nos. 26632, 26747 & 26696 OF 2008 = = = = = = = = = = = = = = = = = Dated this the 3rd day of September 2008 J U D G M E N T In these writ petitions the challenge is against the order passed by the respondent Municipality declining building permit to the petitioners. 2. In so far as W.P.(C) No. 26632/08 is concerned, Ext. P3 is the order where, building permit has been declined on the ground of pendency of a DTP Scheme. In so far as W.P.(C) No. 26747/08 is concerned, Ext. P2 is the order, where, for similar reasons, building permit has been declined. In so far as W.P.(C) No. 26696/08 is concerned Ext. P2 is the order and building permit has been declined on the ground that in terms of the master plan the land in question is a paddy field. 3. The petitioner in W.P.(C) No. 26696/08 also relies on Ext. P3 order passed by the District Collector granting permission for conversion in terms of the Provisions contained in the Kerala Land W.P.(C) Nos. 26632, 26747 & 26696 OF 2008 -2- Utilisation Order. 4. The common question is whether the Municipality is justified in declining the prayer on the ground of pendency of a DTP Scheme. In W.P.(C) No. 26632/08, the learned counsel for the petitioner has produced Exts. P6 to P8 judgments rendered by this Court, including the Division Bench judgment. These judgments show that in identical circumstances relief has been granted in respect of the very same Municipality also where, applications for building permits were rejected. On a parity of reasoning, I see no justification to decline the relief sought for in these writ petitions. Therefore, Ext. P3 in W.P.(C) No. 26632/08, Ext. P2 in W.P.(C) No. 26747/08 and Ext. P2 in W.P.(C) No. 26696/08 will stand set aside. 5. The Municipality shall reconsider the applications made by the petitioners and pass orders thereon, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. 6. It is also directed that the petitioners shall file an undertaking in the form of an affidavit before the Secretary of the Municipality stating unconditionally that in the event of any W.P.(C) Nos. 26632, 26747 & 26696 OF 2008 -3- notification under Section 4(1) of the Land Acquisition Act being promulgated for the acquisition of any portion of the property in question within one year from today, the petitioners will not claim any compensation for the construction which may be put up by them on the strength of the permit to be issued to them pursuant to the applications. It is clarified that it is always open to the respondents to acquire the properties for any genuine public purpose invoking the provisions of the Land Acquisition Act. 7. In so far as W.P.(C) No. 26696/08 is concerned, as already noticed, it is the petitioner's case that the land is already converted on the strength of Ext. P3 order. I direct that the petitioner herein shall, in addition to filing of undertaking as per para 5 above, produce the said order before the Municipality and thereupon the Secretary of the 1st respondent Municipality shall inspect the land and ensure that Ext. P3 is in relation to the land mentioned in Ext. P2 order passed by him. The writ petitions are disposed of as above. ANTONY DOMINIC JUDGE jan/-