IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 28749 of 2009(K) -------------------------- PETITIONERS: --------------- 1. T.P.ABDUL HAMEED, S/O.MOHAMED KUNHI, AGED 65 YEARS, RAINBOW REALTORS, JR COMPLEX, OPP.KOYILI HOSPITAL, TALAP, KANNUR-670004. 2. S.SIVARAMAKRISHNAN, ADVOCATE, C/O.RAINBOW REALTORS, JR COMPLEX, OPP.KOYILI HOSPITAL, TALAP, KANNUR DISTRICT. 3. DR.P.A.PADMANABHAN, C/O.RAINBOW REALTORS, DO. DO. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENTS: --------------- 1. THE THALASSERY MUNICIPALITY, REPRESENTED BY SECRETARY, THALASSERY. 2. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF-GOVERNMENT INSTITUTIONS, TRIVANDRUM. R1 & 2 BY SRI.I.V.PRAMOD, SC. R3 BY GOVT. PLEADER SRI.K.RAMESH, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28749 of 2009(K) APPENDIX PETITIONERS EXHIBITS EXT.P1. : COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE CHAIRMAN, THALASSERY MUNICIPALITY DATED 14.8.09. EXT.P2. :COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 24.9.09. RESPONDENTS EXHIBITS. : NIL P.A. TO JUDGE /TRUE COPY/ P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28749 of 2009 ------------------------------- Dated this the 3rd day of September, 2010 J U D G M E N T The petitioners who jointly own a parcel of land in Thalassery Village submitted an application to the Secretary of Municipality for a building permit. The said application was rejected by Ext.P2 order dated 24.9.2009, on the short ground that the land where the building is proposed to be put up is included in the public and semi public zone in the master plan. Ext.P2 is under challenge in this writ petition. 2. It is brought to my notice that in W.P.(C) No.19845 of 2009, wherein a similar question arose, a learned single Judge of this Court held that the Town Planning Scheme has not become operational, and hence the rejection of application for building permit on the grounds similar to those stated in Ext.P2 cannot be sustained. The said writ petition was allowed and the Secretary of the Municipality was directed to reconsider the application for building permit and take an appropriate decision thereon, in accordance with law, if it is otherwise in order. In such circumstances, I allow the writ petition, quash Ext.P2 and direct the second respondent to reconsider the application W.P.(C) No.28749 of 2009 2 for building permit submitted by the petitioners and take an 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 second respondent. The petitioners shall pay the requisite fee, if any, on being informed of the same by the Secretary of the Municipality. P.N.RAVINDRAN, Judge. nj.