IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 24798 of 2009(T) --------------------------------------- PETITIONER(S): ------------------------ M.MOHANDAS,'MOHANAN' PINNAGODE ROAD, KALPETTA, WYANAD. BY ADV. MR.P.V.JYOTHI PRASAD RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY GENERAL ADMINISTRATION DEPARTMENT), THIRUVANANTHAPURAM. 2. CHIEF TOWN PLANNER, TRIVANDRUM. 3. DISTRICT TOWN PLANNER, KALPETTA, WAYANAD. 4. THE SECRETARY, KALPETTA MUNICIPALITY, WAYANAD. R1 TO R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24798/2009 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DTD. 11/05/1981. P2: COPY OF THE REPLY GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER DTD. 26/07/07. P3: COPY OF THE RESOLUTION OF THE 4TH RESPONDENT DTD. 27/10/99. P3A: COPY OF THE LETTER ISSUED BY 4TH RESPONDENT TO THE 2ND RESPONDENT. P4: ORIGINAL ISSUED BY THE INFORMATION OFFICER OF THE LETTER ISSUED BY 2ND RESPONDENT TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.24798 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of October, 2009. JUDGMENT The petitioner applied for a building permit. That application was rejected on a ground referable on a town planning scheme which the petitioner has demonstrated to be un-operational. The Local Self Government Institution does not contest this position. Accordingly, following the decision of this Court in P.K.Nazar v. Malappuram Municipality, 2009(3) KLT 35, this writ petition is allowed directing that the petitioner's application for building permit will be taken up, considered and appropriate orders issued without reference to the Town Planning Scheme. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/121009