IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36062 of 2008(R) -------------------------- PETITIONER(S): --------------- GOKULDAS.K.T., S/O.KUNJIKANNAN, AGED 39 YEARS, KAKKADAN THARAMMAL HOUSE, ERAJIPALAM P.O., KOZHIKODE. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): --------------- THE SECRETARY, DEVELOPMENT WING, CORPORATION OF KOZHIKODE-673 932. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 36062 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th December, 2008. J U D G M E N T The petitioner challenges Ext. P1 order, whereby petitioner's application for no objection certificate for getting a building permit filed before the respondent has been rejected by the concerned Town Planner on the ground that the property falls in the same area to be acquired for residential development. The petitioner submits that the reason mentioned in Ext. P1 is unsustainable since the petitioner has not filed a proper site plan as required under Section 387 of the Kerala Municipality Act. The petitioner submits that he may be permitted to file a proper application and the respondent may be directed to consider the same in accordance with law. 2. I have heard the learned standing counsel for the Corporation also. In the facts and circumstances of the case, I dispose of this writ petition with a direction that if the petitioner files a proper application under Sections 387 and 388 of the Kerala Municipality Act with all necessary plan and documents in support thereof, the same shall be considered by the respondent in accordance with law, as expeditiously as possible. The petitioner shall be afforded an opportunity of being heard before passing orders. It would be open to the petitioner to rely on any material, including judgment of this Court, which shall also be considered by the respondent while passing orders on the application to be filed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.