IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 32392 of 2010(Y) -------------------------------------- PETITIONERS: --------------------- 1. GEEVARGHESE THAMPI, S/O. THAMPI CHACKO AGED 47 YEARS, RESIDING AT KOLADI HOUSE, GURUVAYUR ROAD, KUNNAMKULAM, TRICHUR DISTRICT. 2. MOLY THAMPI, W/O. THAMPI CHACKO, AGED 75 YEARS, RESIDING AT KOLADI HOUSE, GURUVAYUR ROAD, KUNNAMKULAM, TRICHUR DISTRICT. BY ADVS. SRI.R.S.KALKURA, SRI.M.S.KALESH, SMT.A.V.PRIYA, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SRI.M.AJAY (IRUMPANAM). RESPONDENTS: ------------------------ 1. KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM, TRICHUR DISTRICT – 680 503. 2. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM – 01. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 01. R1 BY SRI. GRASHIOUS KURIAKOSE, S.C, R2 & R3 BY SPL. GOVERNMENT PLEADER SRI. C.M. SURESH BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32392/2010-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE WILL EXECUTED BY LATE ITTIMANI @ THAMBI CHACKO FATHER OF THE P.1. AND HUSBAND OF THE P.2. DTD. 21/01/1984. EXT.P.2: COPY OF THE BASIC TAX RECEIPT NO.4170855 DTD. 06/09/2008. EXT.P.3: COPY OF THE PLAN SUBMITTED BY THE PETITIONERS FOR APPROVAL BY THE R.2. EXT.P.4: COPY OF THE ORDER DTD. 19/01/2009 WITH RESPECT TO BA.NO.724/2008-2009. EXT.P.5: COPY OF THE NOTICE DTD. 09/11/1983 PUBLISHED BY THE R.1. EXT.P.6: COPY OF THE RESOLUTION OF THE R.1. DTD. 14/08/1991. EXT.P.7: COPY OF THE RESOLUTION DTD. 10/07/1992 OF THE R.1. EXT.P.8: COPY OF THE NOTICE DTD. 19/04/1994 PUBLISHED BY THE R.1. EXT.P.9: COPY OF THE RESOLUTION (RELEVANT PORTION) DTD. NIL. OF THE R.1. EXT.P.10: COPY OF THE RESOLUTION DTD. 05/11/2002 ISSUED BY THE R.1. EXT.P.11: COPY OF THE JUDGMENT DTD. 02/03/2010 IN W.P.(C).NO.5208/2010. EXT.P.12: COPY OF THE JUDGMENT DTD. 03/06/2010 IN W.P.(C).NO.16858/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32392 OF 2010 -------------------------- Dated this the 18th day of November, 2010 J U D G M E N T The petitioners jointly own a parcel of land approximately 35 cents in extent situated in Survey No.112/5 of Kunnamkulam Municipality. With a view to put up a commercial building in that parcel of land, they applied to the Secretary of Kunnamkulam Municipality for a building permit. That application was rejected by Ext.P4 order dated 19.1.2009 on the ground that the land where the petitioners propose to put up the building is proposed to be acquired for a 21 metre wide road under the detailed town planning scheme. The petitioners thereafter filed a fresh application for building permit which was also rejected by Ext.P4, which is under challenge in this writ petition. Though a large number of contentions are raised, the learned counsel appearing for the petitioners submitted relying on Exts.P11 and P12 judgments of this Court that as the detailed town planning scheme, which is referred to in Ext.P4, has not yet been approved by the Government, the petitioners' application cannot be rejected. 2. I heard Sri. R.S.Kalkura, learned counsel appearing for the petitioners, Sri. Grashious Kuriakose, learned standing counsel for the first respondent and Sri. C.M.Suresh Babu, learned special Government Pleader appearing for respondents 2 and 3. I have also gone through the WPC No.32392/2010 2 pleadings and the materials on record. The learned counsel appearing for the respondents fairly conceded that as held by this Court in Exts.P11 and P12 judgments the detailed town planning scheme, which has been referred to in Ext.P4, has not been approved by the Government. In such circumstances, it has necessarily to be held that the stand taken by the first respondent in Ext.P4 cannot be sustained. Ext.P4 order was passed way back in 19.1.2009. This writ petition is filed on 20th October, 2010. In such circumstances, I am of the opinion that petitioners should apply afresh for a building permit in accordance with the relevant rules. I accordingly dispose of this writ petition with a direction that in the event of the petitioners applying for a building permit afresh in accordance with the Kerala Municipality Building Rules, 1999 the Secretary of Kunnamkulam Municipality shall consider the same without reference to the reasons in Ext.P4 and take an appropriate decision thereon expeditiously and in any event within one month form the date on which an application for building permit complete in all aspects together with a plan is received from the petitioners. P.N.RAVINDRAN, (JUDGE) vps WPC No.32392/2010 3 WPC No.32392/2010 4