IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 3980 of 2010(V) ------------------------- PETITIONER: --------------- A.M.RAJAN, ANAMKOTTU, KOLANI.P.O, THODUPUZHA. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: --------------- 1. THE SECRETARY, THODUPUZHA MUNICIPALITY, THODUPUZHA. 2. THODUPUZHA MUNICIPALITY, REPRESENTED BY THE SECRETARY, THODUPUZHA. 3. THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 4. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.N.SUDHA DEVI STANDING COUNSEL-SRI.P.K.SOYUZ FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3980 of 2010(V) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1:- Document of title. EXHIBIT P2:- Proceedings dtd.21/1/2010 by the 2nd respondent. EXHIBIT P3:- Judgment dtd.25/5/2009 in W.P.(C)No.28182 of 2008. RESPONDENTS' EXHIBITS:- Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.3980 of 2010 -------------------------------------- Dated this the 19th day of May, 2010 JUDGMENT The petitioner challenges Ext.P2 by which the application for building permit was rejected on the ground that there is a DTP Scheme Central Area West, Thodupuzha which contemplates construction of a road. 2. The learned counsel for the petitioner submitted that the scheme has not been sanctioned by the Government. Therefore the rejection is illegal. In W.P.(C)No.26669 of 2009 this Court had considered a similar matter and the judgment shows that therein the learned Government Pleader has submitted that the Scheme has not been approved so far. It was therefore held that the mere proposal can be no reason to decline the request made by the land owner for making the use of the property. 3. In the light of the above judgment it is evident the Scheme has not been approved so far. The rejection cannot be justified and hence Ext.P2 is quashed. 4. There will be a direction to the first and second respondents to re-consider the application dated 21/12/2009 W.P.(C)No.3980/2010 : 2 : and take appropriate decision in accordance with the rules within a period of one month from the date of receipt of a copy of this judgment. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj