IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 31392 of 2007(K) -------------------------- PETITIONER: -------------- SREEKANTAN NAIR, PANCHAMI, VAZHUTHUR, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-01. 2. NEYYATTINKARA MUNICIPALITY, REPRESENTED BY THE SECRETARY, NEYYATTINKARA-695 121. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R2 SRI.PIRAPPANCODE V.S.SUDHIR FOR R2 GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 31392 OF 2007 K = = = = = = = = = = = = = = = = = Dated this the 20th June 2008 J U D G M E N T The challenge in this writ petition is against Ext. P2. By this order, exemption from zoning regulation sought for by the petitioner has been declined by the Government in view of the judgment of this Court in O.P. No. 8740/97. 2. When the matter was taken up for hearing today, the submission made by the learned counsel was not to get Ext. P2 invalidated, but to take advantage of the benefit conferred by the Government Order dated 31.5.2007 issued by the 1st respondent in view of Ext. P3 judgment. It is stated that as per the aforesaid Govt. Order, even in respect of the town planning scheme framed for Trivandrum, by clause 6 thereof, the town planner has been given the authority to consider applications for permits for the construction of commercial complexes. In view of this, counsel for the petitioner submits that the petitioner's request is liable to be reconsidered in the light of clause 6 of Govt. Order dated W.P.(C) No. 31392 OF 2007 -2- 31.5.2007. 3. I heard counsel for the petitioner, the learned Govt. Pleader and the learned counsel for the 2nd respondent. 4. Having regard to the submissions made, I feel that if the Government Order dated 31.5.2007 enables the petitioner to seek permission for a commercial complex consistent with the scheme framed for Trivandrum, that is a matter for the town planner attached to the 2nd respondent to consider. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to approach the 2nd respondent seeking the benefit of clause 6 of the Govt. Order dated 31.5.2007 in which case the 2nd respondent shall consider the same and pass appropriate orders thereon in accordance with the provisions of the said Govt. Order and untrammeled by Ext. P2. ANTONY DOMINIC JUDGE jan/-