IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 24539 of 2011(N) -------------------------- PETITIONER: --------------- ROBINSON THOMAS, PUTHUKKADAN HOUSE, EAST FORT P.O., PARAVATTANI, THRISSUR DISTRICT. BY ADV. MR.P.SANTHOSH (PODUVAL) MS.R.RAJITHA RESPONDENTS: --------------- 1. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDING, THRISSUR, PIN-680 005. 2. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, ZONAL OFFICE, OLLUKARA, THRISSUR DISTRICT, PIN-680 005. ADV. MR.K.P.VIJAYAN FOR R1 & 2 MR.C.K.SREEJITH FOR R1 & 2 MS.KRIPA ELIZABETH MATHEWS FOR R1 & 2 MR.V.N.HARIDAS FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24539 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: LETTER DTD. 5.9.2011 ISSUED BY R2 TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.24539 Of 2011 ---------------------- Dated this the 20th day of October, 2011. J U D G M E N T Heard the learned counsel for the petitioner and standing counsel for the respondents. 2. The writ petition is filed seeking to quash Ext.P1 and for a direction directing the 1st respondent to consider the application for building permit submitted by the petitioner afresh and to dispose of the same within a time limit. 3. The petitioner applied for building permit. The application was rejected by the 2nd respondent stating that the property falls under the area which is earmarked as per the Master Plan for the construction of a 22 metre wide Outer Ring Road. Ext.P1 is the copy of the order passed by the 2nd respondent. 4. It is pointed out that the property of the petitioner is surrounded by several houses of which some of them has been constructed in the recent past, that the rejection of the application on the basis of the proposed acquisition for the ::2:: W.P.(C).No.24539 Of 2011 construction of a ring road is illegal since no steps have been taken for acquisition of the property for the said purpose. Though the proposal has been pending consideration for the last several years, the Scheme has become obsolete. It is also pointed out that the proposal even now remains in paper and there is no possibility of the implementation of the Scheme in the near future though the same was formulated several years back. 5. The Apex Court, in the decision reported in Raju s. Jethmalani and others v. State of Maharashtra and others (2005 (11) SCC 222), held that though land belonging to private persons can be included in development plan, unless the land is promptly acquired by State Government or the Municipal Corporation to effectuate the said purpose, the land owner cannot be denied the right to use the property for any other purpose. This Court in the decision reported in Nasar v. Malappuram Municipality (2009 (3) KLT 92) held that “any demand to create a rider over the title of the owner of the property under the pretext of a Town Planning Scheme which has not become operational by acquisition would, essentially be ::3:: W.P.(C).No.24539 Of 2011 oppressive and would not be countenanced on the face of Article 14 of the Constitution”. A similar view was taken by this Court in Padmini v. State of Kerala (1999 (2) KLT 465). Therefore, I am constrained to hold that Ext.P1 cannot be sustained. 4. Accordingly, Ext.P1 order is set aside. The respondent Municipality is directed to reconsider the application for building permit submitted by the petitioner and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the respondent for further action. The writ petition is disposed of as above. It is made clear that the judgment passed by this Court does not stand in the way of implementation of any Scheme or to acquire the property for any public purpose in future. HARUN-UL-RASHID, Judge. bkn/-