IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 29856 of 2009(B) ---------------------------------- PETITIONER: --------------- ABDUL NAZAR, S/O.LATE MUHAMMED, ANAPADIKKAL HOUSE, HAJIYAR PALLI, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT: -------------------- THE MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM, MALAPPURAM DISTRICT. ADV. MR. N. ABDUL MAJEED – SC FOR MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29856 OF 2009 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner herein is aggrieved by the rejection of the application for building permit as per Exhibit P1. The application along with the building plan was submitted to construct an industrial building in his properties in R.S.No.150/1 of the Panakkad village within the Malappuram Municipality. 2. What is shown as a reason in Exhibit P1 is that as per the master plan for the area, the property is earmarked as dry cultivation area. Accordingly, it is mentioned that since it is against the zonal regulations, Rule 30(1) of the Kerala Municipality Building Rules is attracted. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Municipality. Learned counsel for the petitioner invited my attention to G.O.(Ms.) No.7/2010/LSGD dated 12.01.2010 whereby the Government has varied the Detailed Town Planning Scheme as shown in the W.P.(C) No.29856/2009 2 notification itself. A copy of the notification was made available by the learned counsel for the Municipality. 4. As far as the dry agricultural zone is concerned, in the column under the heading 'uses permitted', it is noted as follows: “Retail Shops/ Restaurants/ Canteens/ATMs, Cyber Cafe, Cottage Industries up to 100 Sq.m. of floor area, Residential Building up to 150 Sq.m. floor area”. 5. It is, therefore, clear that as far as cottage industries upto 100 Sq.m. are concerned, there is no restriction for granting building permit. In that view of the matter, Exhibit P1 is quashed. There will be a direction to the respondent to reconsider the matter in terms of the amended notification and appropriate decision will be taken and communicated to the petitioner within a period of one month from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp