IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17906 of 2008(F) -------------------------- PETITIONER: --------------- MALAPPURAM YATHEEMKHANA PANAKKAD, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,KARUVALLY MUHAMMED MOULAVI,S/O. HYDER MUSLIAR, AGED 87 YEARS, KARUVALLI HOUSE, PANAKKAD,MALAPPURAM DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT: --------------- THE MALAPPURAM MUNICIPALITY REPRESENTED BY ITS SECRETARY MALAPPURAM. BY SRI.BABU S.NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 17906 OF 2008 - F = = = = = = = = = = = = = = = Dated this the 16th June 2008 J U D G M E N T The challenge in this writ petition is against Ext. P2. An application made by the petitioner for building permit has been rejected by the respondent Municipality by this order stating that in the master plan, the area is shown as paddy field. However, the petitioner refers to Ext. P1, an order passed by the Revenue Divisional Officer exercising his power under the Kerala Land Utilisation Order, issued as early as on 7.2.2004 permitting the petitioner to convert the land. petitioner submits that on the strength of Ext. P1, the land is already converted and is a garden land. Therefore, irrespective of the classification made in the master plan the application should be dealt with, in terms of the position as it is obtaining today, submits the learned counsel for the petitioner. The learned counsel also refers to Ext. P3 judgment rendered by this Court in similar circumstances. W.P.(C) No. 17906 OF 2008 -2- 2. I heard the counsel for the Municipality. 3. The fact remains that irrespective of the classification of the land as is reflected in Ext. P2, Ext. P1 order was issued by the RDO and the land is a fully reclaimed one. In view of this, I see no justification for the stand taken by the Municipality in Ext. P2, which is totally unrelated to the nature of the land as it is obtaining now. 4. Accordingly, Ext. P2 will stand quashed and the Municipality shall consider the plan submitted by the petitioner and pass appropriate orders thereon, ignoring the classification made in the master plan. Fresh orders in the matter shall be passed by the Municipality as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. petitioner shall produce a copy of this judgment before the Municipality for compliance. ANTONY DOMINIC JUDGE jan/-