IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 31308 of 2009(G) -------------------------- PETITIONER(S): --------------- K.HAMZA HAJI, PRESIDENT KAVVAYI JUMA-ATH COMMITTEE KAVVAYI P.O.,PAYYANNUR VIA, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: --------------- 1. THE SECRETARY,PAYYANNUR MUNICIPALITY PAYYANNUR. 2. PAYYANNUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, PAYYANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31308 OF 2009 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT 1.Notice to the respondents dispensed with, preserving their right for re-hearing of the matter, if aggrieved by the order being issued hereunder. 2.The impugned Ext.P4 has been issued on two grounds. One is that there is violation of the distance rule in terms of the Kerala Municipality Building Rules. The second is that the land in question is wet land. In so far as the first ground is concerned, the petitioner says that Ext.P5 revised plan has been placed on record rectifying the objection as to the distance rule and set back. In so far as the second ground is concerned, the petitioner relies on the decision of this Court in Shahanaz Shukkoor v. Chelannur Grama Panchayat [2009 (3) KLT 899]. WPC.31308/09 Page numbers Having regard to the totality of the facts and circumstances, Ext.P4 is quashed and the first respondent is directed to re- consider the application of the petitioner for building permit in the light of Ext.P5 and consider the applicability of Ext.P6 judgment on the facts by making local inspection in terms of what is stated in that. Let this be done within 45 days from the date of receipt of a copy of this judgment. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.