IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14209 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. P.H.AZAD, PARAYIL VEEDU, THELLAKOM POST, KOTTAYAM. 2. P.H.BABU ANSARI, PARAYIL VEEDU, THELLAKOM POST, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, TOWN PLANNING LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM. 3. THE TOWN PLANNING OFFICER, KOTTAYAM. 4. THE SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYM. R4 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14209 OF 2009 ------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT The petitioners applied for a building permit. The municipal authorities refused to consider it on the ground that it would violate the Town Planning Scheme. That scheme fell for consideration in Ext.P5 matter wherein this Court held that there was no reason for insistence on the terms of that scheme which had obviously became redundant with the passage of time and since the same was not made operational by doing the needful in terms thereof. Under such circumstances, following Ext.P5, the municipality agrees to consider the case of the petitioners without reference to the detailed Town Planning Scheme. Hence, it is directed the respondents will consider the application of the petitioners for permit in accordance with law, without reference to the detailed Town Planning Scheme for the area between Kottayam Railway Station and Eranjal Bridge as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. To aid such process, WPC.14209/09 Page numbers Ext.P2 will stand quashed. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.29/5.