IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 22265 of 2008(A) -------------------------- PETITIONER: ------------ KUNJIAYSUMMA, W/O A.T. SAID MOHAMMED, PALATHUMVEETTIL HOUSE,(WHITEWAY), ORUMANAYUR P.O.,VIA CHAVAKKAD, THRISSUR DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER,A.T. SAID, MOHAMMED. BY ADV. SRI.KRISHNAKUMAR MANGOT SRI.S.SREEDEV RESPONDENTS: ------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT, (R.B), SECTION, THIRUVANANTHAPURAM. 2. GURUVAYOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, GURUVAYOOR MUNICIPALITY, GURUVAYOOR. BY ADV. SRI.K.K.CHANDRAN PILLAI FOR R2 SRI.A.S.SAJUSH PAUL FOR R2 SMT.AYSHA FOR R2 R1 BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 22265 OF 2008 A = = = = = = = = = = = = = = = = = Dated this the 25th day of August 2008 J U D G M E N T Heard both sides. 2. Petitioner submitted an application to the respondent Municipality for a building permit. That was rejected by Ext. P3 on the ground of the pendency of a Town Planning Scheme. She moved the 1st respondent by Ext. P4 and that resulted in Ext. P5(b) order dated 31.3.2005 thereby the Government allowed her application exempting the construction from the zonal requirements of the Town Planning Scheme. 3. Accordingly, the petitioner made necessary applications to the Municipality and finally she received Ext. P7 from the Municipality, rejecting the request in view of Ext. P8. In Ext. P8 Govt. Order, the Government have directed rejection of the petitioner's application in view of the judgment of this Court rendered on 7.11.2005. W.P.(C) No. 22265 OF 2008 -2- 4. As already noticed, exemption was granted by Ext. P5(b) dated 31.3.2005 and in view of that, the rejection relying on a subsequent development cannot be sustained. 5. In view of this, Exts. P7 and P8 will stand quashed and the Municipality shall consider the application made by the petitioner in pursuance to Ext. P5(b) and pass fresh orders. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-