IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 20923 of 2009(I) ------------------------------------- PETITIONER(S): ---------------------- ZACHARIAH THOMAS, THOPPIL HOUSE, MUTTAMPALAM POST, (NEAR M.M.NAGAR), KOTTAYAM - 686 004. BY ADV. MR.MATHEW JOHN MR.AJEESH K.SASI RESPONDENT(S): ------------------------ 1. THE SECRETARY TO GOVERNMENT TOWN PLANNING LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM. 3. THE TOWN PLANNING OFFICER, KOTTAYAM. 4. THE SECRETARY, KOTTAYAM MUNICIPALITY KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. R4 BY ADV. MR.SIBY MATHEW , MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH (E) . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20923/2009-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 17/04/2009. EXT.P2: COPY OF THE PROCEEDINGS DATED 23/05/2009 BY THE ASST. ENGINEER. EXT.P3: COPY OF THE JUDGMENT DATED 16/06/2006 IN WP(C) NO. 8874/2006. EXT.P4: COPY OF THE JUDGMENT IN W.A. NO.1614 OF 2006 DATED 12/09/2006. EXT.P5: COPY OF THE JUDGMENT DATED 07/11/2005 IN WP(C) NO. 2315 OF 2005. EXT.P6: COPY OF THE JUDGMENT DATED 28/05/2009 IN WP(C) NO. 14209 OF 2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20923 of 2009-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of August, 2009. JUDGMENT The petitioner applied for a building permit. That has been rejected on a ground referable to the existence of a DTP scheme. The Municipality, rightly, states that in view of Ext.P6, the parties have to stand governed by that decision. In the result, Ext.P2 is quashed and it is ordered that the application of the petitioner for building permit will be taken up, considered de novo and orders issued in the light of Ext.P6 and without reference to any grounds stated in Ext.P2. Let this be done within three weeks from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100809