IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 22279 of 2010(H) ---------------------------------- PETITIONER(S): ------------------- BINOJ.K.S., KALAPPURACKAL VEEDU, EDAVOOR, PERUMBAVOOR. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------- 1. VENGOLA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VENGOLA PERUMBAVOOR. 2. THE CHIEF TOWN PLANNER, TOWN & COUNTRY PLANNING DEPARTMENT, THIRUVANANTHAPURAM-33. 3. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.SIRAJ KAROLY R2 TO R4 BY GOVT.PLEADER SRI.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 22279/2010(H) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT. P2: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 16/11/2009. P3: COPY OF THE COMMUNICATION ISSUED BY THE SENIOR TOWN PLANNER DATED 07/04/2010. P4: COPY OF THE GOVERNMENT ORDER G.O.(MS)128/10/LSGD DATED 21/06/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22279 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2010. JUDGMENT The petitioner intents to start an SSI unit for manufacturing plywood in a plot of 16.82 ares of land in R.S. No.119/8-1, 119/8-2 and 119/9-1 of Arackalpadi Village of Kunnathunad Taluk. Ext.P1 is the copy of the application for building permit. He was given a reply by the third respondent as per Ext.P3 stating that his application cannot be considered as the width of the road leading to the unit is not having 7.0 meter in terms of Rule 57(5) of the Kerala Municipality Building Rules. 2. Learned counsel for the petitioner submitted that the above rule has been amended as per Ext.P4 notification, whereby the width has been reduced to 3.6 meter. 3. Heard learned counsel for the Panchayat. In the light of the amendment introduced by the notification Ext.P4, Ext.P3 will stand set aside and the third respondent will reconsider the application in terms of the amended rules and communicate the decision to the Panchayat, for enabling the Panchayat to issue a building permit as sought for by the petitioner. The same shall be done within a period of three weeks from the date of wpc 22279/2010 2 production of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/