IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 24518 of 2010(L) -------------------------- PETITIONER: --------------- SREEKALA M.E., AGED 30 YEARS, D/O.MELE ERIYAT USHA RAMACHANDRAN, 'UPASANA', PUTHUKKUDY, MANJERI P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENTS: --------------- 1. MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY-676 121. 2. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, MALAPPURAM-676 001. GOVERNMENT PLEADER SRI. C.M. SURESH BABU FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24518 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LAYOUT PLAN SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT ALONG WITH THE APPLICATION FOR BUILDING PERMIT. EXT.P2 TRUE COPY OF THE NOTICE/ORDR VIDE NO. BA- 106/10-11 DATED 03.06.2010 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE FIRST RESPONDENT TO V. RAJENDRAN DATED 03.01.2003. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.N. RAVINDRAN, J. = = = = = = = = = = = W.P.(C) NO. 24518 OF 2010 = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF SEPTEMBER, 2010. J U D G M E N T The petitioner is the owner of a parcel of land situated within the local limits of Manjeri Municipality. She applied to the Secretary of the Manjeri Municipality for a building permit to put up a residential building therein. That application was rejected and the decision was communicated to the petitioner by Ext.P2 letter dated 3.6.2010. The petitioner was informed that the land where she proposes to put up the building is proposed to be acquired for 'Services Industries' under the Manjeri Central Area DTP Scheme and therefore, her application cannot be considered. 2. It is not in dispute that a learned Judge of this Court has in identical circumstance held in W.P.(C) 5609 of 2010 that as no steps have been taken to acquire the land for the purpose of the DTP Scheme, the decision taken by the Secretary of the local authority to reject the application for building permit cannot be sustained. That apart, Ext.P3 discloses that the adjacent property owner has been granted permission to construct a residential building in the lands situated in the same survey number. In such circumstances, I am of the opinion that the stand taken by WP(C) 24518/2010 2 the Secretary of the Municipality cannot be sustained. I accordingly, allow this writ petition, quash Ext.P2 and the decision referred to therein and direct the Secretary, Manjeri Municipality to re- consider the petitioner's application for building permit in the light of the relevant rules and take an appropriate decision thereon within one month from the date on which the petitioner produces a certified copy of this judgment. P.N. RAVINDRAN, (JUDGE) knc/-