IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WA.No. 1935 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.14209/2009 Dated 28/05/2009 .................... APPELLANTS/RESPONDENTS 4 & 3 IN WPC: ------------------------------------------------ 1. KOTTAYAM MUNICIPALITY, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER, KOTTAYAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS/PETITIONERS AND OTHER RESPONDENTS IN WPC: ------------------------------------------------------------------------- 1. P.H.AZAD, PARAYIL VEEDU, THELLAKOM POST, KOTTAYAM. 2. P.H.BABU ANSARI, PARAYIL VEEDU, THELLAKOM POST, KOTTAYAM. 3. THE SECRETARY TO GOVERNMENT, TOWN PLANNING & LOCAL SEFL GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI. MATHEW HOHN R3 & R4 BY SR. GOVT. PLEADER, SRI.C.M. SURESH BABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1935 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. Respondents 1 and 2 herein who were the writ petitioners had challenged the action of the Kottayam Municipality refusing to give building permission to the petitioners on the ground that it violates the Town Planning Scheme. 2. At the outset it is to be noted that it was admitted by the appellant Municipality before the learned Single Judge that practically the Scheme had become redundant and as such the alleged violation should not come in the way of the Municipality to give building permission as sought for by the writ petitioners. On this statement the learned Single Judge has allowed the writ petition. Even otherwise, the very same Scheme and the inaction on the part of the Municipality in respect of the very same area was the subject matter before this Court in WP(C) No.8874 of 2006 and similar order was WA No.1935 of 2009 -:2:- passed in that case. It is to be noted that aggrieved by the same, the very appellants herein had filed WA No.1614 of 2006. The appeal was dismissed affirming the view of the learned Single Judge that the Scheme had practically become redundant. This judgment has become final. 3. In view of the same, in our view, the learned Single Judge was justified in allowing the writ petition and directing the respondents to consider the application of the petitioners for building permission in accordance with law. For the reasons stated above, we find no merit in the appeal and it is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1935 of 2009 -:3:-