IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 29593 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. ABOOBACKER,AGED 41 YEARS,S/O.PAREETH, CHIRAKKAKKUDY,KANTANTHARA,ALLAPRA.P.O, PIN-683553,VENGOLA VILLAGE,KUNNATHUNADU TALUK. 2. RAFEEQUE,AGED 33 YEARS,S/O.PAREETH, CHIRAKKAKKUDY,KANTANTHARA,ALLAPRA.P.O,-683553, VENGOLA VILLAGE,KUNNATHUNADU TALUK. 3. JALAL,AGED 30 YEARS,S/O.PAREETH, CHIRAKKAKKUDY,KANTANTHARA,ALLAPRA.P.O,-683553, VENGOLA VILLAGE,KUNNATHUNADU TALUK. 4. ANAS,AGED 27 YEARS,S/O/PAREETH, CHIRAKKAKKUDY,KANTANTHARA,ALLAPRA.P.O,683553, VENGOLA VILLAGE,KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY PRINCIPAL SERCRETARY,LOCAL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM. 2. PERUMBAVOOR MUNICIPALITY,REP.BY SECRETARY, PERUMBAVOOR P.O. - 683 542 BY ADV. SRI.V.M.KURIAN FOR R2 BY GOVT. PLEADER SRI.K.RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.29593 OF 2010 EXT.P1 TRUE COPY OF PETITION FILED BY THE PETITIONERS BEFORE 2ND RESPONDENT ON 20.8.2010. EXT.P2 TRUE COPY OF ORDER NO.B.A.263/07-08 DATED 14.9.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF LETTER GIVEN BY 2ND RESPONDENT BEARING NO. PW3-RIA-8564/2010 DATED 16.1.2010 EXT.P4 TRUE COPY OF JUDGMENT IN W.P.(C) NO.37544 OF 2007 OF THIS HON'BLE COURT DATED 3.3.08 EXT.P5 TRUE COPY OF JUDGMENT IN W.P.(C) NO.3624 OF 2008 OF THIS HON'BLE COURT DATED 3.3.08 //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.29593 of 2010 ------------------------------- Dated this the 2nd day of December, 2010 J U D G M E N T The petitioners jointly own a residential building situated within the local limits of Perumbavoor Municipality. Though the permit issued by the local authorities was for constructing a residential building, the petitioners found that it would not be possible to live in that building, it being situated in a busy commercial area. They therefore decided to let it out for running a textile shop. After the construction of the building was completed, they applied for numbering the building and to issue an occupancy certificate as a commercial building. That application was rejected by the Secretary of Perumbavoor Municipality on the short ground that as per the Master Plan for Perumbavoor town, the building is situated in an area earmarked for residential purposes and thereofre the said request cannot be granted. The said decision was communicated to the petitioners by ExtP2 memo dated 14.9.2010. Ext.P2 is under challenge in this writ petition. The petitioners contend relying on Ext.P3 that the Government have not approved the Master Plan for Perumbavoor Municipality and therefore Ext.P2 cannot be sustained. 2. The respondents have been served and are W.P.(C) No.29593 of 2010 2 represented by a counsel. They do not dispute the fact that the Master Plan for Perumbavoor Municipality has not so far been approved by the Government. Apart from relying on the Master Plan which has not so far been approved by the Government, no other reason has been given in Ext.P2. It has therefore necessarily to be held that Ext.P2 cannot be sustained. In the result, I allow the writ petition, quash Ext.P2 and direct the Secretary of Perumbavoor Municipality to re-consider the petitioners' application referred to in Ext.P2, in accordance with law, expeditiously and in any event, within one month from the date on which petitioners produce a copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.