IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 31063 of 2010(G) -------------------------- PETITIONER(S): --------------- RAMESH, S/O.NARAYANAN, AGED 45, PALLIKKARA HOUSE, WADAKKANCHERY ROAD, KUNNAMKULAM, THRISSUR DISTRICT - 680503. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE KUNNAMKULAM MUNICIPALITY, REP. BY ITS SECRETARY, KUNNAMKULAM(P.O.), THRISSUR DISTRICT-680503. 2. THE SECRETARY, KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM P.O., THRISSUR DISTRICT-680503. 3. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 4. THE DISTRICT TOWN PLANNER, THRISSUR. 5. THE STATE OF KERALA, REP. BY ITS SECRETARYT TO GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695001. GOVERNMENT PLEADER FOR SRI.K.RAMESH, R3,4,5 SRI.GRACIOUS KURIAKOSE, SC FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.31063/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE DATED 9.11.1983 OF PUBLICATION OF DRAFT SCHEME. EXT.P2. TRUE COPY OF THE RESOLUTION OF THE FIRST RESPONDENT DATED 14.8.1991 EXT.P3. TRUE COPY OF THE RESOLUTION DATED 10.7.1992 BY THE FIRST RESPONDENT. EXT.P4. TRUE COPY OF THE NOTICE DATED 19.4.1994. EXT.P5. TRUE COPY OF THE RESOLUTION DATED 13.10.1999 BY THE 1ST RESPONDENT. EXT.P6. TRUE COPY OF THE RESOLUTION DATED 5.11.2002 BY THE 1ST RESPONDENT. EXT.P7. TRUE COPY OF THE ORDER DATED 26.5.2009 BEARING FILE NO.E2.6290/09 AND B.A.NO.64/09-10 BY THE SECOND RESPONDENT. EXT.P8. TRUE COPY OF THE LETTER WITH POSTAL RECEIPT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P9. TRUE COPY OF THE RESOLUTION NO.10 DATED 6.10.2009 BY THE FIRST RESPONDENT. EXT.P10. TRUE COPY OF THE LETTER DATED 30.10.2009 BY THE SECOND RESPONDENT. EXT/P11. TRUE COPY OF THE JUDGMENT DATED 2.3.2010 IN W.P(C)NO.5208 OF 2010 EXT.P12. TRUE COPY OF THE JUDGMENT DATED 3.6.10 IN W.P(C)NO.16858/10. EXT.P13. TRUE COPY OF THE JUDGMENT DATED 6.9.2010 IN W.P(C)NO.27512/2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31063 of 2010 ----------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT The petitioner is the owner of a parcel of land situated within the local limits of Kunnamkulam Municipality. With a view to put up a residential building in that land he applied to the second respondent for a building permit. That application was rejected and the decision communicated to the petitioner by Ext.P7 letter dated 26.5.2009. The petitioner was informed that as the land where he proposes to put up the building is included in the draft Detailed Town Planning Scheme for Central Area of Kunnamkulam Municipality, as per which it is earmarked as park and open space, his application for building permit cannot be considered. Ext.P7 is under challenge in this writ petition wherein the petitioner seeks a direction to the first respondent to reconsider his application for building permit. 2. Heard Sri.P.Ramachandran, learned counsel appearing for the petitioner and Sri.Gracious Kuriakose, learned standing counsel appearing for the Kunnamkulam Municipality. Learned W.P(C).No.31063 of 2010 -:2:- counsel appearing for the petitioner contended relying on the judgment of this Court in W.P(C)No.5208 of 2010 that as the Detailed Town Planning Scheme for Kunnamkulam Central Area Part I has not been approved by the Government or notified the rejection of the petitioner's application for building permit cannot be sustained. Sri.Gracious Kuriakose, learned standing counsel appearing for the Kunnamkulam Municipality fairly conceded that till date the Detailed Town Planning Scheme for Kunnamkulam Central Area Part I has not been approved by the Government. In such circumstances, in view of the earlier decision of this Court in W.P(C)No.5208 of 2010, which was followed in Exts.P12 and P13 judgments, I am of the opinion that Ext.P7 cannot be sustained. In the result I allow this writ petition, quash Ext.P7 and direct the Secretary, Kunnamkulam Municipality to reconsider the petitioner's application for building permit and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.31063 of 2010 ---------------------------- JUDGMENT 22nd November, 2010