IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 26669 of 2009(C) -------------------------- PETITIONER(S): --------------- K.V.RAJAN, S/O.VELPPAN NAIR KOCHUVEETTIL HOUSE, THODUPUZHA EAST PO THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.TOM K.THOMAS RESPONDENT(S): --------------- 1. THODUPUZHA MUNCIPALITY REPRESENTED BY ITS SECRETARY, THODUPUZHA. 2. THE SECRETARIATE GOVERNMENT LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE CHIEF TOWN PLANNER, TRIVANDRUM. ADV. SRI.P.K.SOYUZ FOR R1 MR.C.M.SURESH BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26669/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ORDER NO.PW2-5600/97 DATED 13/03/1998. P2 : COPY OF THE LETTER DATED 24/03/1998. P3 : COPY OF THE ORDER DATED 28/09/1998. P4 : COPY OF THE ORDER DATED 09/09/2009 ISSUED BY THE SECRETARY. P5 : COPY OF THE JUDGMENT IN WP(C) NO.28182/2008 DATED 25/05/2009 OF THIS HONOURABLE COURT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.26669 of 2009 (C) --------------------------------- Dated, this the 14th day of January, 2010 J U D G M E N T The petitioner made an application for a building permit. By Ext.P4 order passed by the 1st respondent, the application was rejected on the ground that there is a proposal to implement the DTP scheme by name Central Area West Scheme. It is challenging Ext.P4, this writ petition is filed. 2. From the submissions made by the learned Government Pleader, it has come out that the Scheme has not been approved so far. If that be so, the mere proposal can be no reason to decline the request made by the land owner for making the use of the property. For that reason, I set aside Ext.P4 and direct the 1st respondent Municipality to pass orders on the application made by the petitioner for building permit. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg