IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 28657 of 2010(F) -------------------------- PETITIONER(S): --------------- P.J.SUMATHY,AGED 60 YEARS, W/O.VISHWANATHAN,RESIDING AT POOVATH HOUSE, CHITTANJOOR(P.O),KUNNAMKULAM,THRISSUR DISTRICT. BY ADV. SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): --------------- 1. THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY,KUNNAMKULAM, PIN-680503. 2. THE CHIEF TOWN PLANNER,GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVT,LOCAL ADMINISTRATION DEPARTMENT. BY ADV. SRI.GRACIOUS KURIAKOSE SC FOR R1 AND R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28657 of 2010 ----------------------------------------- Dated this the 16th day of September, 2010 JUDGMENT The petitioner is the owner of a parcel of land, 5 cents in extent, situated in Re-survey No.98/16 (part) of Kunnamkulam Village, Talappilly Taluk, Thrissur District. With a view to put up a residential building in that parcel of land she submitted an application for a building permit. That application was rejected and the decision communicated to the petitioner by Ext.P7 letter dated 20.8.2010 stating that the petitioner's land is situated in the locality where under the DTP Scheme for Central Area of Kunnamkulam Part I, a 21 metre wide road connecting Pattambi road to Wadakkancherry road is proposed to be laid and therefore the permit cannot be issued. 2. A learned single Judge of this Court has in Ext.P8 judgment delivered on 2.3.2010 in W.P(C)No.5208 of 2010 considered the very same issue and held that as the Scheme has not been approved or notified by the respondents, the rejection of the application for building permit by the Secretary of the Kunnamkulam Municipality was not in order. The said writ petition was accordingly allowed and the W.P(C).No.28657 of 2010 -:2:- Secretary of the Kunnamkulam Municipality was directed to reconsider the application for building permit submitted by the petitioner in that writ petition. 3. In the light of Ext.P8 judgment of this Court in W.P(C) No.5208 of 2010, to which Kunnamkulam Municipality is a party, and in view of the fact that the application for building permit in the instant case was also rejected on the same ground, I am of the opinion that the petitioner is entitled to succeed in this writ petition. I accordingly allow the writ petition, quash Ext.P7 and direct the Secretary, Kunnamkulam Municipality to reconsider the application for building permit submitted by the petitioner in the light of the relevant rules without reference to the DTP Scheme for Central Area of Kunnamkulam Part I and take an appropriate decision thereon in accordance with law expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment. The petitioner shall pay the requisite fee on being informed by the Secretary of the Kunnamkulam Municipality. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28657 of 2010 ---------------------------- JUDGMENT 16th September, 2010