IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 467 of 2008(E) ------------------------ PETITIONER: ------------- A.I. BENNY, S/O. LATE ITTOOP, AGED 73 YEARS, AREEKAL HOUSE, PANAMPILLY NAGAR, KOCHI-36. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE LOCAL SELF GOVT.(M) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF TOWN PLANNER, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE REGIONAL TOWN PLANNING OFFICER, ERNAKULAM. 4. CORPORATION OF KOCHI, REP. BY ITS SECRETARY, KOCHI-11. 5. THE TOWN PLANNING OFFICER, CORPORATION OF KOCHI, PARK AVENUE, KOCHI-11. R1 TO R3 BY SRI.K.J.MOHAMMED ANZAR, SR. GOVT. PLEADER. R4 & R5 BY SRI.S.RAMESH BABU, SC, COCHIN CORPRN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 467 OF 2008 ----------------------------------- Dated this the 4th day of January, 2008 JUDGMENT Sri.S.Ramesh Babu, Standing Counsel takes notice on behalf of the Corporation. Heard the submissions of Sri. P.R.Ramachandra Menon, counsel for the petitioner and those of Sri.Ramesh Babu. Having gone through Ext.P6 judgment, the various documents produced along with this writ petition and the submissions of the Government Pleader, I have no difficulty to agree with Sri.Ramachandra Menon who submits that the facts situation which obtained in Ext.P6 is similar to the facts which obtain in this case. The application for building permit was submitted by the petitioners on 30.01.06 which is prior to the cut off date mentioned in Ext.P6. For the reasons stated in Ext.P6 judgment, the present petitioner is also entitled for relief. Accordingly, the Writ Petition will stand allowed quashing Ext.P5 and directing the 4th respondent to consider the application dt.30.01.06, submitted by the petitioner afresh based on the Floor Area Ratio as per Kerala Municipality Building Rules, 1999 and pass final orders on the same within a period of two months of receiving copy of this judgment. The petitioner is directed to produce a copy of Ext.P6 also before the Corporation. PIUS C. KURIAKOSE, JUDGE btt WPC 2