IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 15381 of 2010(W) ---------------------------------------- PETITIONER(S): ----------------------- 1. R.K.ABDULLA HAJI, CHITTAKOTH HOUSE, VILLIYAPPALLI P.O., KOZHIKODE - 673542 2. V.SUBAIDA, D/O. ASSAINAR, CHITTAKOTH HOUSE, VILLIYAPPALLI P.O.,KOZHIKODE - 673542. BY ADVS. SRI.P.T.MOHANKUMAR SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): -------------------------- 1. THE CORPORATION OF KOZHIKODE, REPRESNTED BY ITS SECRETARY, OFFICE OF THE CORPORATION OF KOZHIKODE BEACH ROAD, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAK ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.V.SURENDRANATH R2 BY SPL. GOVT. PLEADER SRI.C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15381/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTERED SALE DEED NO.297/2008, DTD. 25.3.2008. P2:- COPY OF THE REGISTERED SALE DEED NO.413/2008, DTD. 30.4.2008. P3:- COPY OF THE SALE DEED NO.924/2008 DTD. 22.9.08. P4:- COPY OF THE DEED OF RETIREMENT OF PARTNERSHIP DTD. 26.3.2008. P5:- COPY OF THE ORDER DTD. 27.1.2010 ISSUED BY THE IST RESPONDENT-IMPUGNED ORDER. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.15381 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2010. JUDGMENT The petitioner's application for building permit stands rejected as per Ext.P5 on the ground that the area wherein the proposed building is to be constructed, is included in a residential zone. 2. The petitioner is the absolute owner in possession of a parcel of land having an extent of 44.47 cents comprised in Ward No.17, EW 42, Block No.12 in T.S. Nos.431 and and 433 of Calicut Corporation by virtue of registered sale deed Nos.297/2008, 413/2008 and 924/2008. It is averred in the writ petition that the above property is situated in a prime location in Kozhikode City, in a busiest part which is a highly developed commercial centre. 3. The petitioner's contention appears to be that the detailed town planning scheme formulated, was never implemented. 4. The Corporation has filed a counter affidavit disputing the claims of the petitioner. 5. Along with affidavit dated 10.8.2010, the petitioner has produced a location sketch showing the various commercial buildings in and near the wpc 15381/2010 2 vicinity wherein the petitioner's property is located. Learned counsel for the petitioner submits that if an opportunity is given, the petitioner will be able to satisfy that the area is not a residential locality. It is further pointed out that the construction of various commercial buildings will show that the D.T.P. Scheme was not at all implemented. 6. Evidently, Ext.P5 has been communicated without hearing the petitioner. In that view of the matter, Ext.P5 is quashed. There will be a direction to the Corporation to reconsider the application filed by the petitioner. The petitioner will produce additional materials along with a request and along with a copy of this judgment, within a period of one month. Thereafter, the application will be reconsidered and a personal hearing also will be given to the petitioner. Appropriate decision will be taken after hearing the petitioner, within a further period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/