IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21123 of 2009(I) -------------------------------- PETITIONER: --------------- M.P.SHAMSUDHEEN, MANGADAN PARAMBATH, ROYAL PLAZA, MANNARKKAD ROAD, PERINTHALMANNA, MALAPPURAM DIST PIN:679 322. BY ADV. SRI.M.AJAY RESPONDENTS: --------------------- 1. KOZHIKODE CORPORATION(REP.BY ITS SECRETARY) CORPORATION OFFICE, BEACH ROAD, KOZHIKODE. 2. THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION OFFICE, BEACH ROAD, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------------- W.P.(C)No.21123 of 2009 ------------------------------------------------- Dated this the 6th day of August, 2009 JUDGMENT The petitioner's application for building permit is refused as per Ext.P2, on a ground referable to proposed acquisition for the purpose of a swimming pool. This Court, by Ext.P3, has already held that such a ground of objection is not sustainable. Proposed acquisition is no ground to reject an application for building permit. Accordingly Ext.P2 is quashed and the respondents are directed to take up petitioner's application for permit and issue decision thereon without reference to the grounds stated in Ext.P2. Let this be done within a period of four weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE skj.