IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36300 of 2009(F) -------------------------- PETITIONER(S): --------------- THOMAS MAR THEMOTHEOS METROPOLITAN PRESIDENT, SYRIAN ORTHODOX CHRISTIAN ASSOCIATION, ST.JOSEPH CATHEDRAL L.B.S.ROAD KOTTAYAM 686 001. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT TOWN PLANNING LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM 3. THE TOWN PLANNING OFFICER, KOTTAYAM 4. THE SECRETARY, KOTTAYAM MUNICIPALITY,KOTTAYAM. R1 TO R3 BY GOVT. PLEADER SRI.I.V.PRAMOD R4 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36300 OF 2009 ------------------------------------------- Dated this the 16th day of December, 2009 JUDGMENT Heard learned counsel for the petitioner, learned Government Pleader for respondents 1 to 3 and learned standing counsel for the 4th respondent. The petitioner challenges Ext.P2, by which, his application for building permit was declined on the ground that the area comes within the Town Planning Scheme by name 'Detailed Town Planning Scheme for Area Between Kottayam Railway Station and Eranjal Bridge'. It is pointed out that Exts.P3 to P7 judgments relate to the said scheme where it has been categorically held that the said scheme is not operational. Under such circumstances, the impugned Ext.P2 is quashed and this writ petition is allowed ordering that the petitioner's application for building permit will be taken up, considered and ordered, without reference to any objection relatable to the Detailed Town WPC.36300/09 2 Planning Scheme for area between Kottayam Railway Station and Eranjal Bridge, within a period of five weeks from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/12.