IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 26653 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. ANEES RAHMAN.K, S/O.ABDU HAJI, KUTTASSERY HOUSE, VADAKKEMANNA, NOORADI, KODOOR, MALAPPURAM DISTRICT. 2. ABDUL RAZAK.K, S/O.ABDU HAJI, KUTTASSERY HOUSE, VADAKKEMANNA, NOORADI, KODOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MANJERI, MALAPPURAM DISTRICT. ADDL.2. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM. (ADDL. R2 IS IMPLEADED AS PER ORDER DT. 15.9.2010 IN I.A.NO.12700 OF 2010) BY ADV. SRI.M.P.ASHOK KUMAR STANDING COUNSEL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.26653 OF 2009 EXT.P1 TRUE COPY OF THE ORDER REFUSING TO GRANT BUILDING PERMIT TO THE PETITIONER DATED, 17.9.2009 ISSUED BY THE RESPONDENT AS NO.E3.7326/09. //true copy// P.A. To judge. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 26653 of 2009 ------------------------------- Dated this the 4th day of October, 2010 J U D G M E N T The petitioners jointly own a parcel of land in R.Sy.No.4/2 of Manjeri Village in Ernad Taluk, Malappuram District. With a view to put up a commercial building in that parcel of land, they submitted an application to the Secretary, Manjeri Municipality. The said application was rejected and decision communicated to the petitioner by Ext.P1 letter dated 17.9.2009 stating that the land where the petitioners propose to put up a building is ear marked for public and semi public purposes and for parking of vehicles under the Thurackal area DTP scheme, and therefore, it cannot be considered. 2. The learned standing counsel appearing for the Manjeri Municipality submits that for the purpose of implementing the Thurackal area DTP scheme, no lands situated within the local limits of Manjeri Municipality much less the land of the petitioners has been acquired. In such circumstances, I am of the opinion that the stand taken by the Manjeri Municipality in Ext.P1 order cannot be sustained. I accordingly quash Ext.P1 and dispose of the writ petition with a direction to the Secretary, Manjeri Municipality to consider the application for building permit submitted by the petitioners and take an W.P.(C) No.26653 of 2009 2 appropriate decision thereon, in accordance with law expeditiously, and in any event, within one month from the date on which the petitioners produce a copy of this judgment before the Secretary of Manjeri Municipality. The petitioners shall pay the requisite fee, if any, on being informed of the same by the Secretary of the Manjeri Municipality. P.N.RAVINDRAN, Judge. nj.