IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27512 of 2010(L) -------------------------- PETITIONER: --------------- T.V.RAJESH, AGED 41 YEARS, S/O.LATE T.C.VARGHESE, RESIDING AT THOLATH HOUSE, S.N.PARK, POOTHOLE P.O., TRICHUR-4. BY ADV. SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENTS: --------------- 1. THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM. 680 503. 2. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., LOCAL ADMINISTRATION DEPARTMENT. S.C. FOR KUNNAMKULM MUNICIPALITY SRI. GRACIOUS KURIAKOSE GOVERNMENT PLEDER SRI. C.M. SURESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. = = = = = = = = = = = W.P.(C) NO. 27512 OF 2010 = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF SEPTEMBER, 2010. J U D G M E N T The petitioner is the owner of a parcel of land situated within the local limits of Kunnamkulam Municipality. With a view to put up a residential building therein, he submitted an application for permit to the Secretary of the Kunnamkulam Municipality. That application was rejected by Ext.P7 order dated 30.7.2010 on the short ground that the proposed 21 metre wide road connecting Wadakkancherry road and Pattambi road would pass through the property of the petitioner and therefore, the permit applied for cannot be granted. Ext.P7 is under challenge in this writ petition. Relying on Ext.P8 judgment wherein a similar order was set aside by this Court, the petitioner contends that no notification under the Land Acquisition Act or under the Town Planning Act has been issued and therefore, as there is no approved scheme, the reason stated to reject his application cannot be sustained. 2. Sri. Gracious Kuriakose, learned Standing Counsel appearing for the Kunnamkulam Municipality, fairly conceded that a similar order issued by the same Municipality has been quashed by this Court as per Ext.P8 judgment. He submitted that in such circumstances, the petitioner is WP(C) 27512/2010 2 entitled to have his application reconsidered. 3. I accordingly, allow the writ petition, quash Ext.P7 and direct the Secretary of the Kunnamkulam Municipality to reconsider the application submitted by the petitioner for building permit within one month from the date of receipt of a copy of this judgment. The petitioner shall pay the requisite fee, if any, on being intimated by the Secretary. P.N. RAVINDRAN, (JUDGE) knc/-