IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 27219 of 2009(V) -------------------------- PETITIONER(S): ----------------------- S.S.BAIJU, AGED 35 YEARS,S/O.SASIDHARAN NAIR, BINDHU BHAVAN,KUZHIVILA,KURAKKANNI, VARKALA,THIRUVANANTHAPURAM. BY ADVS. SRI.R.GOPALAKRISHNAN (SREEVALSAM) SRI.K.G.RADHAKRISHNAN RESPONDENT(S): ----------------------- 1. THE CORPORATION OF THIRUVANANTHAPURAM, REP.BY ITS SECRETARY,CORPORATION OFFICE, THIRUVANANTHAPURAM. 2. THE TOWN PLANNING OFFICER, THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE,THIRUVANANTHAPURAM. 3. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. BY ADVS. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R1,2 SC, SRI.P.K.MANOJKUMAR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp W.P.(C).No.27219 OF 2009 APPENDIX PETITIONER'S EXHIBIT: EXHIBIT P1: TRUE COPY OF NOTICE DATED 17.7.2009 TO THE 1ST RESPONDENT. EXHIBIT P2: TRUE COPY OF REPORT OF THE 2ND RESPONDENT DATED 30.5.2009 TO THE 1ST RESPONDENT. EXHIBIT P3: TRUE COPY OF BUILDING PERMIT TO MR. B.RADHAKRISHNAN ON 16.9.2006. EXHIBIT P4: TRUE COPY OF PROPERTY TAX ASSESSMENT INDEX SHEET DATED 6.3.2008. EXHIBIT P5: TRUE COPY OF JUDGMENT DATED 10.6.2009 IN W.P.C NO.16046/2009. EXHIBIT P6: TRUE PHOTOCOPY OF THE GEZETTE NOTIFICATION NO.35 DATED 7.9.2010 AND G.O.(MS)No.184/10/LSGD DATED 20.8.10. //TRUE COPY// P.A. TO JUDGE. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 27219 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February , 2011 J U D G M E N T The petitioner who is the owner in possession of 5.65 cents of property comprised in Survey No.725/8 in Cheruvakkal Village, Thiruvananthapuram District filed this writ petition mainly with a prayer to quash Exts.P1 and P2. The further prayer is for issuance of writ of mandamus commanding the respondents to issue building permit in the light of Ext.P3, P4 and P5 judgments of this Court. Subsequently, the petitioner has produced Ext.P6 gazette notification No. 35 dated 7.9.2010 along with I.A.No. 15560/2010. A perusal of Ext.P6 would reveal that as per the same area in question has, now, been declared as a residential area. Evidently the petitioner has requested for permission of construction of residential house. Ext.P1 would reveal that earlier an application for building permit submitted by the petitioner was rejected on the ground that it was included as “Green Strip” under the area Development Plan. However, it is evident from Ext.P6 that presently, area is converted WPC.No.27219 of 2009 : 2 : as a residential zone. In the said circumstances the learned counsel appearing for the petitioner submitted that the application submitted by petitioner requires re-consideration. To enable the respondent to re-consider the application for building permit dated 13.11.2010 Ext.P1 is set aside. Consequently there will be a direction to the respondents 1 and 2 to consider the application for building permit dated 13.11.2010 expeditiously, at any rate, within a period of one month from today. sd/- (C.T. RAVIKUMAR, JUDGE) kp //True Copy// P.A. To Judge.