IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 RP.No. 612 of 2008(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17349/2008 Dated 23/06/2008 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- KUMARANALLOOR GRAMA PANCHAYAT KUMARANALLOOR PO, KOTTAYAM 686 016 REPRESENTED BY ITS SECRETARY BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): --------------- 1. JOSE KURUVILLA, CHANDY HOME, S.H.MOUNT PO, KOTTAYAM 686 006 2. THOMAS KURUVILLA, CHANDRY HOUSE S.H.MOUNT PO, KOTTAYAM 686 006 BOTH REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER MATHEW KURUVILLA)BOTH OF ATTORNEY HOLDER MATHEW KURUVILLA) 3. DISTRICT TOWN PLANNER, KOTTAYAM 4. STATE OF KERALA REPRESENTED BY SECRETARY ,LOCAL ADMINISTRATION & SOCIAL WELFARE DEPT. SECRETARIAT,TRIVANDRUM. BY GOVT.PLEADER SRI. C.M. SURESH BABU THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, ALONG WITH RP NO. 878 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- R.P.Nos.612 & 878 OF 2008 IN W.P.(C).No.17349 OF 2008 ------------------------ Dated this the 13th day of January, 2009. O R D E R These review petitions are filed by respondents 1 and 2 in Writ Petition No.17349/08, disposed of by judgment dated 23rd June, 2008. Though notice by special messenger was served on the first respondent, there was no representation on their behalf and the writ petition was heard and judgment was rendered without hearing the Panchayat. Although, several contentions have been raised by the Panchayat, referring to Annexure-A1, table-15 of the scheme, which states that areas within ward Nos. 5 and 6 and some other wards of the Panchayat are proposed to be annexed to the Kottayam Town Planning Scheme, even I do not think a detailed examination of that issue is necessary for the disposal of the review petitions. 2. The judgment was rendered mainly on the reasoning that the development plan was notified as early as on 18th R.P.Nos.612/08 & anor. 2 August, 1977 and that nothing further was done by any of the parties in implementation of the said scheme. However, when the review petitions were taken up for hearing, the learned Government Pleader pointed out that by notification dated 7th August, 2007 the Government had published a proposal for variation of the development plan for Kottayam Town and that the same has been finalized and notified vide notification dated 4th August, 2008. As per the notification, the development plan which was originally notified has since been varied. In view of this, the application made by the writ petitioner for building permit can be considered only in the light of the varied development plan. Therefore, these review petitions are disposed of directing that the Panchayat shall reconsider the application made by the petitioners for building permit in the light of the Development Plan as it is modified by notification dated 4th August, 2008. vi (ANTONY DOMINIC) JUDGE R.P.Nos.612/08 & anor. 3