IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 19232 of 2009(Y) -------------------------- PETITIONERS: --------------- 1. T.K.SHADULI, AGED 52 YEARS, S/O.MAMMOOTTY, SHAKKHAZ, 5TH MILE, KADIROOR P.O., PIN-670 642, THALASSERY. 2. A.P.ZEENATH, SHAKKHAZ, 5TH MILE, KADIROOR P.O., PIN-670 642, THALASSERY. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. THALASSERY MUNICIPALITY, REP.BY THE SECRETARY, THALASSERY. 2. SECRETARY, THALASSERY MUNICIPALITY, THALASSERY. 3. MUNICIPAL ENGINEER, THALASSERY MUNICIPALITY, THALASSERY. ADV. SRI.I.V.PRAMOD FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19232 of 2009(Y) I N D E X PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE ORDER DT.05.06.09 ISSUED BY THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE JUDGMENT DT.8.8.07 IN WP(C) NO.11695/07 ISSUED BY THIS COURT. EXT.P3: TRUE COPY OF THE SALE DEED DT.28.09.07. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19232 OF 2009 ------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT The petitioner applied for building permit. That application was rejected s per Ext.P1 on ground that the land in question is earmarked for acquisition for the purpose of a bus stand in terms of the DTP scheme and for development of a road junction in terms of that scheme and therefore, no construction activity could be permitted. The petitioner's predecessor had earlier obtained Ext.P2 judgment in relation to the property in question. Notwithstanding that, it needs to be noted that no acquisition proceedings have been initiated, either in terms of the Land Acquisition Act or in terms of the Town Planning Act and without such acquisition proceedings having been initiated within a reasonable time, the grounds stated in the impugned Ext.P1 do not survive in view of the judgments of this Court in Padmini v. State of Kerala [1999 (3) KLT 465] and in Francis v. Chalakudy Municipality [1999 (3) KLT 560 (FB)]. Accordingly, WPC.19232/09 2 Ext.P1 is quashed and it is directed that the application of the petitioner will be taken up and considered in accordance with law, within a period of five weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/12.