IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 3407 of 2008(E) ------------------------- PETITIONER: ------------ CHEERANGAN ABDUL SALEEM, S/O. UMMER, CHEERANGAN HOUSE, MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.DEEPU LAL MOHAN RESPONDENTS: ------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY MALAPPURAM. BY S.C. SRI.BABU S.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3407/2008 APPENDIX PETITIONER'S EXHIBITS: ET.P1; COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER BY THE VILLAGE OFFICER, MELMURI VILLAGE DATED 23.1.2008. EXT.P2: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED 16.11.2005 AS NO. B.A. 12/06. EXT.P3: COPY OF THE ORDER OF THE R.D.O. PERINTHALMANNA AS NO.K.DIS8605/2002/M DATED 14.3.2003. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.3407 of 2008 ---------------------------------- Dated this the 12th day of February , 2008 JUDGMENT The application for building permit submitted by the petitioner before the respondent Municipality was forwarded by the Municipality to the District Town Planner. The District Town Planner was not inclined to consider the application on the reason that the petitioner has not obtained permission under the Land Utilization Order for reclaiming the property. Ext.P3 order of the R.D.O. pertains to the property in question and Ext.P3 will show that the reclamation of the property by the petitioner is on permission. 2. Under the above circumstances, I direct the Municipality to rely on Ext.P3 and pass orders on the application submitted by the petitioner for grant of approval to the plan submitted by him and for issuance of building permit on the basis that the directions of the District Town Planner are already complied with by the petitioner. If the plan is otherwise in order approval will be granted by the respondent to that plan. Orders on the permit application shall be issued by the Municipality at the earliest and at any rate within three WPC No.3407/2008 2 weeks of the petitioner producing a copy of this judgment and copy of Ext.P3. The Writ Petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. dpk