IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3095 of 2009(R) ------------------------- PETITIONER(S): --------------- UNNIKRISHNAN.P , VARADHE KARAMBATH EDAKKAD P.O., KOZHIKODE. BY ADV. MR.R.PARTHASARATHY RESPONDENT(S): --------------- CALICUT CORPORATION REPRESENTED BY THE SECRETARY, CALICUT. ADV. MR. K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3095 OF 2009 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT The petitioner approached the respondent with an application for a building permit for construction of a residential building. By Ext.P4, the same has been rejected on the ground that the construction would violate approved Town Planning Scheme. According to the petitioner, the said Town Planning Scheme is not alive. No notification under the Land Acquisition Act has also been issued. The Town Planning Scheme itself was more than 25 years old. The petitioner would submit that in view of the decision of this Court in Padmini V. State of Kerala [1999(3) KLT 465] such dormant Town Planning scheme cannot stand in the way of the local authority granting permit. 2. The learned Standing Counsel for the Corporation on instructions submits that it is true that no notification has been issued pursuant to the said Town Planning Scheme. That being so, the 1st respondent is bound to consider the claim of the petitioner for building permit in accordance with the said W.P.(c)No.3095/09 2 decision. Therefore, Ext.P4 is quashed and the 1st respondent is directed to re-consider the application for building permit submitted by the petitioner in the light of the above said decision, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3095/09 3