IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1502 of 2008(T) ------------------------- PETITIONER: ------------ 1. SMT.KALLEPARAMBIL RAZIA, W/O.MUHAMMED ALI, KALLEPARAMBIL HOUSE. KUNNAPPLLI .P.O., PERINTHALMANNA, MALAPPURAM DT. 2. CHERUKODAN MUSTHAFFA, CHERUKODAN HOUSE, PATHAIKKARA, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. ABDUL MAJEED, KARUTHEDATH HOUSE, POOKKOTTOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENTS: ------------- 1. PERINTHALMANNA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA. 2. STATE OF KERALA REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF LOCAL SELF GOVT(M) THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.K.J.MOHD.ANZAR STANDING COUNSEL, SRI.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No. 1502 of 2008 (N) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 14th day of January, 2008 J U D G M E N T It is seen from Ext.P4 order of the Government that the existence of the draft DTP Scheme was not the only ground on which the first petitioner's application was rejected. Infact, the same was rejected on the ground that the plans submitted by the petitioner violated the rules. As rightly pointed out by the learned Government Pleader, the plan was rejected as far back in 2005. 2. I dispose of the writ petition permitting the petitioner concerned to submit a fresh plan and application before the Municipality. If fresh plan and application for permit is received by the Municipality within three weeks from today, the Municipality will consider that application and will consider granting approval to the applicant and issue building permit uninfluenced by DTP scheme and Ext.P4 order of the Government. It is however made clear that it will be open to the Municipality to reject the application if the same violates the building rules. Orders shall be W.P.(C).No.1502 of 2008 (N) -: 2 :- passed by the Municipality on the application submitted by the concerned petitioner within two months from the date of receipt of the application. PIUS C.KURIAKOSE, Judge ms