IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 4962 of 2008(N) ------------------------- PETITIONER: ------------ 1. HAMZA, S/O.MOKARIKUTTY NELLIKUNNAN HOUSE, KODOOR, MALAPPURAM DISTRICT. 2. AYISHABI, W/O.HAMZA NELLIKUNNAN HOUSE, KODOOR, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: ------------- THE MALAPPURAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, MALAPPURAM. BY ADV.SRI.BABU.S.NAIR, SC, MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.4962 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT Under challenge in this writ petition is Ext.P2 order of the respondent Municipality rejecting the application for building permit submitted by the petitioner on the reason that the property on which building is proposed to be constructed is a paddy field as per Kottapady scheme. The petitioner relies on Ext.P3 order issued by the Assistant Collector under the land utilisation order granting permission for re-claiming a total extent of 87 ½ cents in R.S.No.338/6, 344/10 of Malappuram village. Ext.P3 is issued in favour of one Ibrahim Haji and the petitioner's case is that he purchased a portion of the property mentioned in Ext.P3 from the above said Ibrahim Haji and that Ext.P3 should enure to his benefit also. It is seen from Ext.P2 that Ext.P3 had not been produced by the petitioner before the Municipality. 2. Sri.Babu.S.Nair has taken notice on behalf of the Municipality. I have heard the submissions of Sri.M.P.Madhavankutty, learned counsel for the petitioner and WPC.No.4962/08 2 those of Sri.Babu.S.air also. I am of the view that the Municipality should re-consider Ext.P2 in the light of Ext.P3. Accordingly, I quash Ext.P2 and direct the petitioner to produce Ext.P3 within ten days from today before the respondent Municipality. Upon production of Ext.P3 by the petitioner before the respondent, respondent will re-consider the question of issuing building permit to the petitioner after hearing the petitioner and pass fresh orders. Fresh orders as directed above shall be passed by the Municipality at the earliest and at any rate within a period of three weeks of petitioner producing a copy of Ext.P3 before the respondent. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.4962/08 2