IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 10979 of 2010(V) -------------------------- PETITIONER(S): --------------- RAJU DAVIS.P, PARAPILLY HOUSE, PARAVATTANI, NELLIKUNNU, THRISSUR -5. BY ADV. SRI.RANJITH XAVIER RESPONDENT(S): --------------- 1. THE CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. 2. ASSISTANT ENGINEER,THRISSUR CORPORATION ZONAL OFFICE, OLLUKKARA, THRISSUR. 3. TOWN PLANNING OFFICER, CORPORATION OFFICE, THRISSUR. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1 TO 3 SRI.LELLULAL T.G.THUNDATHIL FOR R1 TO 3 GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.10979/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.1.2010 BEARING NO.5270196 ISSUED BY OLLUKARA VILLAGE OFFICE. EXT.P2. TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 14.1.2010 EXT.P3. TRUE COPY OF THE INTIMATION DATED 6.3.2010 FROM THE 2ND RESPONDENT. EXT.P4. TRUE COPY OF THE LAND ACQUISITION CERTIFICATE DATED 21.1.2010 FROM THE VILLAGE OFFICER, OLLUKARA. EXT.P5. TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA DATED 18.2.2010 IN W.P(C)NO.29328 OF 2009. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.10979 of 2010 ----------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT The petitioner is the owner of a parcel of land situated within the local limits of Thrissur Corporation. He submitted an application to the Secretary of Thrissur Corporation for a building permit to put up a residential building in that parcel of land. The said application was rejected, and the decision communicated to the petitioner by Ext.P3 letter dated 6.3.2010, on the short ground that the proposed outer ring road which is contemplated in the master plan for Thrissur would pass through the petitioner's land. In this writ petition the petitioner challenges Ext.P3 and seeks a direction to the Corporation of Thrissur to reconsider his application for building permit without reference to the reasons stated in Ext.P3. Relying on Ext.P5 judgment in W.P(C) No.29328/2009 filed by the petitioner's brother in respect of the adjacent parcel of land, the learned counsel for the petitioner contends that in view of the findings and observations therein Ext.P3 is liable to be set aside. W.P(C).No.10979 of 2010 -:2:- 2. Though the Secretary of the Corporation has filed a counter affidavit justifying his action, the fact remains that by Ext.P5 judgment passed in W.P(C)No.29328/2009 filed by the petitioner's brother in respect of the adjacent parcel of land this Court had held that as no steps have been taken by the Corporation to acquire land for laying the ring road the application for building permit could not have been rejected. Ext.P5 judgment has admittedly become final. In such circumstances following Ext.P5 judgment I am constrained to hold that the stand taken by the Thrissur Corporation in Ext.P3 cannot be sustained. In the result I allow the writ petition, quash Ext.P3 and direct the Secretary, Corporation of Thrissur to reconsider the application for building permit submitted by the petitioner in the light of the relevant rules and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment, without reference to the reasons stated in Ext.P3. The petitioner shall pay the requisite fee, if any, on being informed by the Secretary of the Thrissur Corporation. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.10979 of 2010 ---------------------------- JUDGMENT 7th September, 2010