IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 31004 of 2009(U) -------------------------- PETITIONER(S): --------------- MUSTHAFA HUDAVI, S/O.KUNHAMMAD, MANAGER, A.M.U.P.SCHOOL, AKODE, VIRIPPADAM P.O., KARUMARAKKAD, MALAPPURAM-673640. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TOWN PLANNING, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN PLANNING, THIRUVANANTHAPURAM. 3. TOWN PLANNER, OFFICE OF THE TOWN PLANNER, MALAPPURAM. 4. THE SECRETARY, VAZHAKKAD GRAMA PANCHAYATH, VAZHAKKAD, M ALAPPURAM DISTRICT. ADV. SRI.M.A.FAYAZ FOR R4 MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31004 of 2009 (U) --------------------------------- Dated, this the 17th day of February, 2010 J U D G M E N T In this writ petition, the petitioner's grievance is mainly against Ext.P4 order passed by the Panchayat rejecting the application made by him for a building permit, which is stated to be for the purpose of construction of a school building. According to the petitioner, the property in question was acquired as per Ext.P1 document, which is stated to have been corrected by Ext.P6. 2. It is stated that he made application for building permit. The lay out was approved by the Town Planner as per Ext.P3. However, the application for building permit was rejected by Ext.P4 order passed by the Panchayat relying on certain conditions of Ext.P3 order of the Town Planner. Thereupon, the petitioner moved the Town Planner himself and got Ext.P3 modified by Ext.P5 with a further direction to the Panchayat to consider the application made by him in the light of Ext.P5. 3. When the writ petition was taken up for hearing, the WP(C) No.31004/2009 -2- learned counsel for the petitioner prays for a direction to the Panchayat to consider his application for building permit in the light of Exts.P3 & P5. 4. A reading of Ext.P4 shows that one of the main grounds for rejection is the order passed by the Munsiff Court, Manjeri in O.S.No.107/2006. The second reason stated is the non-compliance of the conditions imposed by the Town Planner in Ext.P3. As can be seen from Ext.P5, the Town Planner himself has modified the condition relied on against the petitioner by Ext.P5 order, and if that be the case, application made by the petitioner needs to be reconsidered in the light of Ext.P3 as modified by Ext.P5. 5. In so far as the first objection raised in Ext.P4 about the interim order passed by the Munsiff Court, Manjeri in O.S.No.107/2006 is concerned, it should be stated that the said order is still in force and therefore, even if building permit is eventually granted to the petitioner, the construction cannot be otherwise than in compliance with the interim order passed by the Sub Court in O.S.No.107/2006. Therefore, it is clarified that this judgment or any permit granted, will not enable the petitioner to WP(C) No.31004/2009 -3- proceed with the construction otherwise than in compliance with the interim order of the Sub Court. This writ petition is, therefore, disposed of directing the Panchayat to reconsider the application made by the petitioner for building permit in the light of Exts.P3 & P5. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg