IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 25115 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- SOUDATH D/O. KADER, KADUVAKUTH, KARUVAMBRUM P.O., MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL RESPONDENT(S): --------------------------- 1. SECRETARY, MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT-676 121. 2. MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY - 676 121. 3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM-676 001. R1 & R2 BY ADV.SRI.M.P.ASHOK KUMAR,SC R3 BY GOVERNMENT PLEADER SRI.RAFEEQUE.V.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011, ALONG WITH WPC NO.21766 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25115/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE/ORDER VIDE NO.E3/5626/11 DATED 26.08.2011 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN W.P.(C)NO.5609/2010 DATED 9.4.2010. EXT.P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C)NO.24511/2010 DATED 6.9.2010 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.21766 & 25115 Of 2011 ---------------------- Dated this the 18th day of October, 2011. J U D G M E N T Heard the learned counsel for the petitioners and learned standing counsel for the 1st respondent. Common issues are involved in both writ petitions and therefore, both writ petitions are disposed of by this common judgment. 2. The writ petitions are filed seeking to quash Ext.P2 notice/order issued by the 1st respondent and for a direction to the 1st respondent to grant building permit to the petitioners on the applications submitted by the petitioners. 3. When the matter was taken up for final hearing today, the learned counsel for the petitioners pointed out that in Ext.P3 judgment in W.P.(C).NO.5609/2010 the application submitted by the petitioner therein was rejected stating the very same reason namely, as per the Nellipparampa Area DTP Scheme approved under the Town Planning Act, the area is earmarked as residential area. The impugned orders in the present writ petitions also Ext.P2 notice/order was passed by the very same Municipality stating the very same reason is under challenge. In Ext.P3 judgment this Court held that the Scheme was published ::2:: W.P.(C).No.21766 & 25115 Of 2011 in 1994, that for implementing the Scheme, acquisition of land is required to be completed, but, no steps have been taken for acquisition of the land. This Court further observed that the claim of the petitioner is covered by the judgment of this Court in P.K.Nazar v. Malappuram Municipality (2009 (3) KLT 92). In Ext.P3 judgment, this Court quashed Ext.P2 notice and directed the Municipality to pass fresh orders in the matter. 4. In the above said circumstances, the petitioners in these writ petitions are also entitled to the very same relief. Therefore, Ext.P2 notice/order passed in the writ petitions is quashed. A direction is issued to the Municipality to pass fresh orders in the matter. It is also made clear that the petitioners shall also furnish an undertaking before the municipality that if the land is acquired within a period of one year from toady, they shall not claim any compensation for the construction undertaken on the strength of the permit to be issued to the petitioners. The writ petitions are disposed of as above. HARUN-UL-RASHID, Judge. bkn/-