IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 28242 of 2009(A) ------------------------------------ PETITIONER(S): -------------------- V.M.RADHAKRISHNAN, S/O.VELAYUDHAN NAIR, AGED 51 YEARS, SOORYA TOWERS KUNNATHURMEDU, PLAKKAD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------- 1. THE PALAKKAD MUNICIPALITY, REP. BY ITS SECRETARY PALAKKAD. 2. SECRETARY, PALAKKAD MUNICIPALITY PALAKKAD. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1-2 SRI.T.C.SURESH MENON FOR R1-2 SRI.JIBU P THOMAS FOR R1-2 SRI.P.S.APPU FOR R1-2 SRI.A.R.NIMOD FOR R1-2 SRI.C.A.ANOOP FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28242/2009 A APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE DOCUMENT BEARING NO. 2410/08 OF SRO, KUZHALMANDAM BY WHICH THE PETITIONER PURCHASED THE PROPERTY. EXT.P2. COPY OF THE POSSESSION CERTIFICATE BY THE VILLAGE OFFICER, YAKKARA. EXT.P3. COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY. EXT.P4. COPY OF THE APPLICATION FOR BUILDING PERMIT BEFORE THE R2. EXT.P5. COPY OF THE LOCATION MAP. EXT.P6. COPY OF THE ORDER OF THE R2. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / PA TO JUDGE. Tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28242 OF 2009 ------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT The petitioner challenges the rejection of building permit on grounds referable to a DTP scheme. Learned counsel for the municipality states that the scheme has been re-submitted to the Government for certain modifications and that the petitioner's application could be considered afresh in the light of such modifications. The impugned order is accordingly quashed to facilitate the petitioner re-present the application for building permit so that the municipality can take appropriate decision on it without delay. The writ petition is ordered accordingly, without entering on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/12.