IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 20479 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- KABEER MANKARATHODI, S/O. BEERAN, MANKARATHODI HOUSE, VARAMCODE, DOWN HILL, MALAPPURAM, MALAPPURAM DIST. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ------------------------ THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. ADV. MR.N.ABDUL MAJEED,SC,MALAPPURAM MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20479/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE FIRST RESPONDENT AS NO.B.A.82/09-10 DATED 14/07/2009. EXT.P2: COPY OF THE ORDER DATED 03/02/2003 OF THE R.D.O., PERINTHALMANNA AS ORDER NO.K.DIS.2282/1998/M. EXT.P3: COPY OF THE JUDGMENT DATED 10/06/2009 OF THIS HONOURABLE COURT IN WP(C) NO. 14727/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20479 of 2009-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of August, 2009. JUDGMENT The issue raised in this writ petition is covered against the Municipality as per the decision of this Court in Nasar v. Malappuram Municipality, 2009(3) KLT 92. Accordingly, this writ petition is allowed quashing the impugned order, Ext.P1 and it is directed that the application of the petitioner for building permit will be considered and orders issued applying the law as it prevailed on the date of respective application and without reference to the existence of any Town Planning Scheme. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/280809