IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WA.No. 53 of 2011() ------------------- AGAINST THE JUDGEMENT IN WPC.32315/2009 Dated 14/07/2010 .................... APPELLANTS/ RESPONDENTS 1 & 2 ------------------------------- 1. GURUVAYOOR MUNICIPALITY, REPRESENTED BY SECRETRARY, MUNICIPAL OFFICE, GURUVAYOOR, THRISSUR DISTRICT. 2. THE SECRETARY, GURUVAYOOR MUNICIPALITY, MUNICIPAL OFFICE, GURUVAYOOR, THRISSUR DISTRICT. BY ADV. SRI.P.A.AHAMMED SRI.M.SREEKUMAR RESPONDENT/ PETITIONER ------------------------- SAINABA, W/O. MUHAMMED ASHARAF, CHOLAYIL HOUSE, VADAKKEKAD, THRISSUR. VADAKKEKAKKAD.P.O.,PIN-679562. GOVT.PLEADER, SRI.GEORGE MECHERIL ADV.SRI.JIJO PAUL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ----------------------------- W.A.No.53 OF 2011 ----------------------------- Dated this the 17th day of October, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. The appellant has raised objection against the construction proposed by the respondent in her property on the ground that the land is reserved for acquisition for retaining as open space and part for the public. If there is any proposal to acquire land in the near future, then orders could be issued freezing construction. However, we do not think respondent can be disabled without compensation on a long term basis. 2. In the above circumstance, we dispose of the Writ Appeal by declaring that the respondent is entitled to get the building plan approved in accordance with the Building Rules provided, the respondent will not claim any compensation for the building constructed in the event of acquisition of land within a period of three years from now. On receipt of the declaration as above, the Municipality will consider the W.A.No.53/2011 2 approval of the plan in accordance with the Building Rules and pass orders within three weeks from the date of production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/20/10