IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 21486 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- 1. DR.K.MUHAMMED ISMAIL, KAKKENGAL HOUSE, VALIYANGADI, MALAPPURAM, MALAPPURAM DISTRICT. 2. DR.U.RAHNA, W/O.DR.K.MUHAMMED ISMAIL, KAKKENGAL HOUSE, VALIYANGADI, MALAPPURAM, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ------------------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. BY ADV. MR.N.ABDUL MAJEED, SC, MALAPPURAM MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, ALONG WITH WPC.21508 OF 2009 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.21486/2009-E, 21508/2009-G, 21527/2009-I & 21535/2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2009. JUDGMENT These matters are filed by different persons challenging refusal of the Municipality to issue building permit on the ground that lands in relation to which permits are sought to be earmarked are for a different purpose in terms of the master plan. In relation to the same Municipality and the master plan in question, the issues stand covered against the Municipality as per the decision of this Court in Nasar v. Malappuram Municipality, 2009(3) KLT 92. Accordingly, these writ petitions are allowed. All decisions adverse to the petitioners are quashed and it is directed that the applications for building permits as are filed by the petitioners will be considered and orders issued WP(C)21486/09 & con.cases -: 2 :- applying the law as it prevailed on the date of respective application and without reference to the existence of any Town Planning Scheme. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/290809