IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 25964 of 2009(M) --------------------------------------- PETITIONER(S): --------------------- 1. A.P. SHAMSUDHEEN, S/O. MUHAMMED A.P., ANAPADIKKAL HOUSE, HAJIYARPALLY, MALAPPURAM, MALAPPURAM DISTRICT. 2. HUSSAIN E, ELIKKOTTIL HOUSE, DOWN HILL, MALAPPURAM, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ------------------------ THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. BY ADV. MR.N. ABDUL MAJEED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25964 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. JUDGMENT Exhibit P1 is an order issued by the respondent Municipality on the ground that the application of the petitioner for building permit cannot be granted in view of the violation of the master plan. However, on a perusal of Ext.P1 shows that the respondent also holds that Rule 30(1) of the KMBR will stand violated. Under such circumstances, taking into consideration the ratio of the decision in P.K.Nazar v. Malappuram Municipality, 2009(3) KLT 35, it is ordered that Ext.P1 will stand quashed and the application of the petitioner for building permit will be taken up, considered and ordered in accordance with law without reference to the master plan. Let this be done within one month from the date of receipt of a copy of this judgment. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/260909