IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 24511 of 2010(L) -------------------------- PETITIONER: --------------- C.VENU, AGED 40 YEARS, S/O.CHERANIYIL PALAN, CHERANIYIL HOUSE, KARUVAMBRAM PO, MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENTS: --------------- 1. MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY -676 121. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM-676 001. R2 BY GOVERNMENT PLEADER SRI. C.M. SURES BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 24511/2010 APPNDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT ALONG WIT THE APPLICATION FOR BUILDING PERMIT. EXT.P2 TRUE COPY OF THE NOTICE/ORDER VIDE NO: E3/13763/10 DATED 9.7.2010 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P. (C) NO. 5609/2010 DATED 9.4.2010. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. knc/- P.N. RAVINDRAN, J. = = = = = = = = = = = W.P.(C) NO. 24511 OF 2010 = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF SEPTEMBER, 2010. J U D G M E N T The petitioner is the owner of a parcel of land situate within the local limits of Manjeri Municipality. He applied to the Secretary of Manjeri Municipality for a building permit to put up a residential building therein. That application was rejected and the decision communicated to the petitioner by Ext.P2 letter dated 9.7.2010. The petitioner was informed that the land where he proposes to put up the building is earmarked as 'planned residential zone' in Nellipparambu Detailed Town Planning Scheme and therefore his application cannot be considered. 2. It is not in dispute that in Ext.P3 judgment in W.P.(C) 5609 of 2010 filed by the neigbouring land owner, whose application was also rejected on the same ground, a learned Single Judge of this Court has held that as the acquisition of land for the aforesaid Town Planning Scheme has not so far been completed and no steps have been taken in that regard, the rejection of the application for building permit on the ground set out in Ext.P2 cannot be sustained. In such circumstances, I allow this writ petition, quash Ext.P2 and the decision referred to therein and direct the Secretary, Manjeri WP(C) 24511/2010 2 Municipality to re-consider the petitioner's application for building permit in the light of the relevant rules and take an appropriate decision thereon within one month from the date on which the petitioner produces a certified copy of this judgment. I also direct the petitioner to file an undertaking before the Secretary of the Manjeri Municipality in the form of an affidavit to the effect that if within a period of one year from today, the land is notified for acquisition, he shall not claim any compensation for the building put up by him on the strength of the permit issued pursuant to this judgment. P.N. RAVINDRAN, (JUDGE) knc/-