IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18691 of 2009(F) -------------------------- PETITIONER(S): --------------- SHOUKATHALI.K.P., S/O. CHEKKU HAJI(LATE) KARUVEALLI PATHIKKAL HOUSE, RAMAPURAM, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM. BY SC N ABDUL MAJEED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 18691 OF 2009 ............................................ DATED THIS THE 29th DAY OF JULY, 2009 JUDGMENT The petitioner challenges the refusal to grant a building permit on the ground that there is a proposal to widen an existing road. That proposal is on the basis of a Town Planning Scheme. As of now, no acquisition has been made on the basis of that scheme. The petitioner is entitled to the benefit of the judgment of this court in Nasar V. Malappuram Municipality (2009(3)KLT 92). Without the scheme becoming operational and without any acquisition having been made on the basis of the scheme, the Municipality is without authority of law in insisting on the set back being fixed on the basis of a proposed widening of the road. In such circumstances, the impugned decision is quashed and the Municipality is directed to decide on the application of the petitioner for building permit without reference to the existence of any Town Planning Scheme. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/30/7