IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 17632 of 2009(Y) -------------------------- PETITIONER(S): --------------- JAYASREE,AGED 42,D/O.KALYANIKUTTY AMMA, THETTIKKOTTU HOUSE, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY PRINCIPAL SECRETARY,LOCAL ADMINISTRATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY,PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR. R1 BY GOVT. PLEADER SRI.MATHEW VADAKKEL R2 BY ADV.SRI.V..M.KURIAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, ALONG WITH W.P(C).17633 OF 2009 AND W.P(C). 17634 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17632, 17633 & 17634 OF 2009 ------------------------------------------- Dated this the 3rd day of July, 2009 JUDGMENT These matters are similar. Accordingly, they are heard together and are disposed of by this common judgment. The petitioners applied for building permits over different parcels of land within the jurisdiction of Perumbavoor Municipality. Those applications have been rejected on the ground that the building permits cannot be sanctioned having regard to the fact that the lands were identified for other purposes in terms of the master plan for the Municipality. Admittedly, no such plan has become final and no action has proceeded on the basis of any such master plan. Therefore, the reason for rejection stated in the impugned decisions is unsustainable. Learned counsel for the Municipality, however, states that the parcels in question are essentially wet land and there cannot be a permit application which could be lawfully considered without appropriate decision under the KLU order, WPC.17632/09 & con. Cases. Page numbers the legislation dealing with wet lands and paddy fields, under which, the appropriate committee has to take a decision for granting permission to convert. Hence, quashing the impugned orders, these writ petitions are ordered directing that the applications of the petitioners would be considered in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/7.