IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 23245 of 2009(A) -------------------------- PETITIONER(S): ------------------ M.DINESHAN,S/O. ANANDAN, AGED 47 YEARS, KAVITHERI PUNATHIL HOUSE,KAVUMBHAGOM P.O. THALASSERY, BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): ------------------- 1. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THALASSERY,KANNUR DISTRICT. 2. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 3. THE ASSISTANT ENGINEER (NORTH) THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. ADV. SRI.I.V.PRAMOD FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23245/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BUILDING PLAN. EXT.P1(a): TRUE COPY OF THE SITE PLAN. EXT.P2: A TRUE COPY OF THE COMMUNICATION NO.E3/BA/230/2009- 10 DT 1.8.2009. EXT.P3: TRUE COPY OF THE RESOLUTION ADOPTED BY THE MUNICIPALITY. EXT.P4: A TRUE COPY OF THE JUDGMENT IN WPC NO.28206/06. EXT.P5: TRUE COPY OF THE JDUGMENT IN WRIT APPEAL NO. 80 OF 2007. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO.23245 OF 2009 (A) ===================== Dated this the 23rd day of February, 2010 J U D G M E N T Heard the counsel for the petitioner and also the standing counsel for the Municipality. 2. The challenge is against Ext.P2, by which an application made by the petitioner for a building permit has been rejected on the ground that in terms of the development scheme, a 15 metre road is to pass through the area in question. Counsel points out that the issue is covered in his favour by Exts.P4 and P5 judgments in WP(C) No.28206/06 and WA No.80/07. Municipality does not dispute this aspect. 3. In view of the above, the writ petition is disposed of quashing Ext.P2 and directing the Municipality to pass fresh orders in the matter within 4 weeks, consistent with Exts.P4 and P5 judgments referred to above. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the Municipality for compliance. ANTONY DOMINIC, JUDGE Rp