IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17157 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------- K.M.ALAVIKUTTY, S/O.K.MOIDEEN (LATE), AGED 52 YEARS, KILIYAMMANNIL HOUSE, CHAMMANKADAVU, KODOOR, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ---------------------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. BY ADV. MR. N.ABDUL MAJEED, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17157 of 2009-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2009. JUDGMENT Learned standing counsel appears for the respondent. The petitioner applied for a building permit. Making reference to a master plan and on the ground that the area in question is earmarked for dry cultivation area as per the master plan, the Municipality has issued Ext.P1 refusing building permit. Following Padmini v. State of Kerala, 1993 (3) KLT 465 and Raju S. Jethmalani v, State of Maharashtra, (2005) 11 SCC 222, this Court issued judgment dated 10-6-2009 in WP(C) 14640/2009 and connected cases holding that the master plan in relation to Malappuram Municipality and relied on by it, is not one on the basis of which the building permit WP(C)17157/09 -: 2 :- applications could be refused. Under such circumstances, this writ petition is ordered quashing Ext.P1 and directing that the building permit be issued within one month from the date of receipt of a copy of this judgment, if the application for permit is otherwise in order. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270609