IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37713 of 2010(L) -------------------------- PETITIONER : --------------------- SMT.K.T.MARY, AGED 68 YEARS, W/O.LATE C.M.CHERU, R/A.CHERUVATHOOR HOUSE, ANJOOR ROAD, KUNNAMKULAM, TRICHUR DISTRICT. BY ADV. SRI.M.KRISHNAKUMAR RESPONDENT(S): ------------------------- 1. THE KUNNAMKULAM MUNICIPALITT, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM-680503. 2. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI. GRASHIOUS KURIAKOSE, SC, KUNNAMKULAM MCPTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.37713 of 2010 ------------------------------- Dated this the 20th day of December, 2010 J U D G M E N T The petitioner is the owner of a parcel of land, 8 cents in extent, situated in Re-survey No.1055/1 of Kunnamkulam Village in Thrissur District. With a view to put up a commercial building in that land, the petitioner submitted an application for building permit to the Secretary of Kunnamkulam Municipality. By Ext.P7 order dated 1.12.2010, the Secretary of Kunnamkulam Municipality informed the petitioner that as the land has been set apart for use as open space in the proposed Detailed Town Plan Scheme, the building permit cannot be granted. Ext.P7 is under challenge in this writ petition wherein the petitioner seeks a direction to the first respondent Kunnamkulam Municipality to reconsider the application for building permit. 2. Sri.Gracious Kuriakose, the learned standing counsel appearing for the Kunnamkulam Municipality, fairly conceded that the Detailed Town Plan Scheme referred to in Ext.P7 order has not so far been approved by the Government or notified. In that view of the matter, it has to be necessarily held that the rejection of the application for building permit cannot be sustained. In the result, I allow the writ petition, quash Ext.P7 and direct the Secretary of Kunnamkulam Municipality to reconsider the W.P.(C) No.37713 of 2010 2 petitioner's application for building permit, in the light of the relevant rules without reference to the Detailed Town Plan Scheme based on which the application was earlier rejected and take a fresh decision in the matter expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.