IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 6007 of 2010(A) ------------------------- PETITIONER(S): --------------- SARVODAYA RANI.P., W/O.RAMESAN, DURGA SHENOYS COLONY, KARAPARAMBA P.O KOZHIKODE - 10, KOZHIKODE DISTRICT. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): --------------- 1. KOZHIKODE CORPORATION, (REPRESENTED BY ITS SECRETARY) CORPORATION OFFICE, BEACH ROAD, KOZHIKODE 2. THE SECRETARY KOZHIKODE CORPORATION, CORPORATION OFFICE, BEACH ROAD, KOZHIKODE ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, A/W. WP(c).Nos.9074/2010 & ANOR. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------------------------------------- W.P.(C) NO.6007,6034 & 9074 OF 2010 --------------------------------------------------------- Dated this the 5th day of April, 2010 J U D G M E N T Petitioners approached this court challenging Exts.P2 orders in these writ petitions. These are orders issued by the first respondent Corporation rejecting the applications made by the petitioners for building permit, on the ground that the area in respect of which applications were made are covered by theDTP scheme. Going by the contents of Ext.P2 orders and also the submissions made by the counsel for the petitioners and the Standing Counsel for the Corporation, it is evident that the scheme was approved in 1994 and for the implementation of it that the land is to be acquired under the provisions of the Land Acquisition Act. It has also come out that so far nothing has been done by the Corporation or any of the authorities for acquisition of the land. Such being the facts of the case, the issue in these writ petitions is covered by the judgment in Nazar V. Malapuram Municipality (2009(3) KLT 92), as reviewed in Secretary to Government, Local Self Government Department, TVM. V. P.K. Nazar and Another (2010(1) KHC 909). WPC.No.6007 /2010 & ors. :2 : 2. In view of this, the writ petitions are disposed of quashing Ext.P2 order and directing that the applications made by the petitioners for building permit will be considered on merits. 3. It is clarified that in case the permits are granted, respective petitioners will furnish undertakings before the first respondent Corporation that in case land is acquired within one year from today, the petitioners will not claim compensation for the construction undertaken by them, on the strength of the permits so issued. (ANTONY DOMINIC) JUDGE vi/