IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 34661 of 2008(B) ---------------------------------------- PETITIONER(S): ------------------------- M.O.BABU, S/O OUSEPH, MACHARAPPALLY, CHEMPUKAVU.P.O, CHERUKUNNATHU, OLLOOR, NOW RESIDING AT PANAMPALLY BUILDING KURIYACHIRA.P.O, NALARKKAVNAMPALLY BUILDING, ANCHERRY, TRICHUR. BY ADVS. MR.A.N.RAJAN BABU, MR.P.GOPALAKRISHNAN (MVA), MR.A.R.EASWAR LAL. RESPONDENT(S): --------------------------- 1. THE TRICHUR CORPORATION REPRESENTED BY ITS SECRETARY, TRICHUR. 2. SECRETARY, TRICHUR CORPORATION, TRICHUR. 3. ASSISTANT ENGINEER, TRICHUR CORPORATION, ZONAL OFFICE, TRICHUR DISTRICT. R1 ATO R3 BY ADVS. MR.K.B.MOHANDAS,SC,THRISSUR CORPORATION, MR.M.R.DHANIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34661/2008 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LETTER NO.OLR/BA/US/08-09 DTD. 11/08/08 ISSUED BY 3RD RESPONDENT TO THE PETITIONER. P2: COPY OF REPRESENTATION DTD. 18/08/08 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3: COPY OF THE LETTER NO.OLD BA/45/08-09 DTD.6/09/08. P4: COPY OF DEVELOPMENT PLAN OF TRICHUR TOWN. P5: COPY OF NOTIFICATION G.O.(MS) NO.123/08/LS GD DTD.28TH APRIL 2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 34661 OF 2008 ............................................ DATED THIS THE 22nd DAY OF SEPTEMBER, 2009 JUDGMENT The petitioner applied for building permit. The plot, which is stated to be around five to six cents, going by the counter affidavit, is within the alignment of the proposed outer ring road in terms of the master plan. The said ring road, going by that plan, is stated to have 22 metres width. The master plan referred to in the counter affidavit is dated 31.10.1985. Nothing is shown on record disclosing that the property in question has been proceeded against under the Land Acquisition Act or under the Town Planning Act for acquisition. The defence and the rejection of the application for building permit on the basis of the DTP Scheme and master plan is oppressive in terms of the law laid down by the Division Bench of this court in Padmini V. State of Kerala (1999(3) KLT 465) followed by the decision in Nasar V.Malappuram Municipality (2009(3) KLT 92). Accordingly, this writ petition is allowed, quashing the impugned decision and directing that the petitioner's application for building permit will Wpc 34661/2008 2 be considered and disposed of in accordance with law, without reference to the aforesaid master plan and the reasons stated in the impugned order rejecting the permit. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/9