IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 31541 of 2009(K) ----------------------------------- PETITIONER(S): ----------------------- ABDUL SHUKKOOR, S/O.ABDURAHIMAN, AGED 35 YEARS, R.S.NIVAS, MUNDUPARAMBA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ---------------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM, MALAPPURAM DISTRICT. ADV. SRI. N. ABDUL MAJEED STANDING COUNSEL FOR RESPONDENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31541/2009 K APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER NO. B.A 221/2009-10 OF THE RESPONDENT DT. 31/10/09. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31541 OF 2009 ------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT The petitioner applied for building permit for the construction of a residential building. That has been rejected as per Ext.P1 on the ground that the land is earmarked to be acquired acquired for the purpose of constructing residential buildings in terms of the DTP scheme. No land acquisition proceedings have been initiated in terms of the Town Planning Act or the Land Acquisition Act. Obviously therefore, the case stands covered in favour of the petitioner in view of the judgments of this Court in Padmini v. State of Kerala [1999 (3) KLT 465] and in Francis v. Chalakudy Municipality [1999 (3) KLT 560 (FB)]. In the result, this writ petition is allowed quashing the impugned Ext.P1 and directing that the application of the petitioner will be taken up and considered without reference to WPC.31541/09 2 the ground stated in the impugned order. Let orders be issued in accordance with law, within a period of four weeks from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/12.