IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 28591 of 2009(T) -------------------------- PETITIONER(S): --------------- VANI C.R, D/O.LATE RAJAN, CHORAKODE HOUSE, KINAVALLOOR PO, PALAKKAD. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PALAKKAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, PALAKKAD. 3. THE ASSISTANT ENGINEER PALAKKAD MUNICIPALITY, PALAKKAD. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R2 SRI.T.C.SURESH MENON FOR R2 SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP GP SRI. V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28591 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DOCUMENT NO.2627 DATED 9.10.04 OF SRO OLAVAKKOD EXT.P2- TRUE COPY OF THE ORDER NO.32236/08/K.DIS. DATED 28.6.08 ISSUED BY RDO EXT.P3- TRUE COPY OF BASIC TAX RECEIPT IN RESPECT OFF THE PROPERTY HELD BY THE PETITIONER, ISSUED BY THE VILLAGE OFFICER, PALAKKAD-II EXT.P4- TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PALAKKAD-II ON 10.12.2008 EXT.P5- TRUE COPY OF THE ORDER REJECTING THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT DATED 29.1.09 EXT.P6- TRUE COPY OF THE JUDGMENT DATED 18.6.09 IN W.A.1216 OF 2009 OF THIS HONOURABLE COURT EXT.P7- TRUE COPY OF THE ORDER NO.EJBR/889/08-09 DATED 28.8.09 ISSUED BY THE RESPONDENT MUNICIPALITY EXT.P7(a)- TRUE COPY OF THE POSTAL COVER CONTAINING EXT.P7 ORDER EXT.P8- TRUE COPY OF THE JUDGMENT DATED 10.6.09 IN W.P.(C).16046/09 OF THIS HONOURABLE COURT (TRUE COPY) P.A.To Judge ANTONY DOMINIC, J ....................... W.P.(C).28591/2009 ....................... Dated this the 15th day of January, 2010 JUDGMENT 1. The challenge in this writ petition is against Ext.P7, by which an application made by the petitioner for a building permit in respect of her land in Survey No.822/3 in Ward-II, Block No.21 of Palakkad-2 has been rejected on the ground that the area in question has been classified in the master plan as a paddy field. 2. Learned counsel for the Municipality informs that the Municipality had by its request made on 28.2.2009 sought modification of the Scheme. It is stated that the request made by the Municipality was accepted by the Government and the Scheme has been modified. 3. If, as stated by the Municipality, the Scheme has been modified at its instance, necessarily the petitioner is entitled to have her application for building permit reconsidered in the light of the Scheme so modified. W.P.(C).28591/09 2 4. In order to enable the Municipality to reconsider the application made by the petitioner, Ext.P7 is quashed and the Municipality is directed to reconsider the application made by the petitioner for building permit in accordance with law and pass fresh orders as directed above. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. All other contentions raised in the writ petition are left open. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs