IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17410 of 2009(U) -------------------------- PETITIONER(S): --------------- P.K.HARIS, S/O. MOIDEEN HAJI, AGED 38 YEARS, PATTARKADAVAN HOUSE, VALIYANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. ADV. SRI.N.ABDUL MAJEED,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17410 OF 2009 ------------------------------------------- Dated this the 26th day of June, 2009 JUDGMENT The petitioner submitted an application for construction of a commercial building. The Municipality issued Ext.P1 stating that the area in question is included as paddy field as per the approved master plan with the Municipality. The petitioner obtained exemption from the provisions of the Kerala Land Utilisation Order, 1967 for conversion of the land. Whatever that be, as held in Ext.P3 judgment, the detailed town planning scheme in question had never become operational and cannot be put against the petitioner. For the aforesaid reasons, Ext.P1 is quashed and this writ petition is ordered directing that the application of the petitioner for building permit will be considered and permit granted if the application is otherwise in order, without reference to the grounds stated in Ext.P1, within a period of one month from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/6.