IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 10134 of 2008(F) -------------------------- PETITIONER: ------------ 1. JOHNSON M.VARKEY, S/O VARKEY, AGED 34 YEARS, EBANEZAR VEEDU, MANAKKAKULATHIL, KARUNELLOOR P.O., KOTTAYAM. 2. ROOTH JOHN, W/O JOHNSON M.VARKEY, EBANEZAR VEEDU, MANAKKAKULATHIL, KARUNELLOOR P.O., KOTTAYAM. BY ADV. SRI.A.B.JALEEL SRI.K.THAVAMANI RESPONDENTS: ------------- 1. THE SECRETARY, PERUMBAVOR MUNICIPALITY, PERUMBAVOOR. 2. THE VILLAGE OFFICER, PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. 3. THE DISTRICT COLLECTOR, ERNAKULAM. BY SRI.K.RAMESH-(ADVOCATE COMMISSIONER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, ALONG WITH W.P.(C).No.10149/2008, 10227/2008, 10236/2008 and 10277/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.10134/2008-F, 10149/2008-G, 10227/2008-P, 10236/2008-R and 10277/2008-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 11th day of April, 2008 J U D G M E N T The Advocate Commissioner has submitted a detailed report on the basis of the local inspection conducted by him. It has been reported by the Commissioner that the properties which were visited by him come within the project -- Rainbow Villa Project. He has also reported that for all practical purposes the properties are pucca dry lands. Considering the Commissioner's report and the view which was taken by this Court in W.P.(C) No.37544/2007 and connected cases Ext.P7 judgment produced in these writ petitions, I am inclined to grant relief to the petitioners. Ext.P4 in all these writ petitions are quashed and the Municipality is directed to grant approval to the plans submitted by the petitioners and to issue building permits if the plans are otherwise in order. In other words, existence of the so called master plan and description of the properties as paddy fields in the basic revenue records and the title documents will not be a ground for rejection of the plans. Fresh orders as directed above shall be passed by the Municipality on the plans submitted by the petitioners at the earliest and at any rate within one month of receiving copy of this judgment. The writ petitions are disposed of as above. PIUS C.KURIAKOSE, Judge ms