IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 25626 of 2011(C) -------------------------------------- PETITIONER(S) : ---------------------- SWAPNA @ ROSE W/O BALU, AGED 34 YEARS, X/859 A, MANTHRA, FORT KOCHI BY ADVS. SRI. G. KRISHNAKUMAR SRI. TITTO THOMAS RESPONDENT(S) : ------------------------- 1. CORPORATION OF COCHIN, PARK AVENUE ROAD, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN-682 008 2. ASSISTANT ENGINEER, CORPORATION OF COCHIN , ZONAL OFFICE, FORT KOCHI, KOCHI – 682 001 3. GREATER COCHIN DEVELOPMENT AUTHORITY , KADAVANTHARA, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN- 682025. R1 & R2 BY ADV. SRI. P.K. SOYUZ ( S.C. ), SRI.MANURAJ. K.J. R3 BY ADV. SRI. M.K.THANKAPPAN, SC, GCDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO.25626/2011 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE BUILDING PLAN APPROVED ON 03.02.2010 BY THE RESPONDENT. P2 : COPY OF THE BUILDING PERMIT DATED 03.02.2010 ISSUED BY THE RESPONDENT. P3 : COPY OF THE NOTICE DATED 09.03.2011 ISSUED BY THE 2ND RESPONDENT, TO THE PETITIONER. P4 : COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT DATED 17.03.2006 IN O.P. 19102/1999. RESPONDENT'S EXHIBIT'S : NIL / TRUE COPY / P.A. TO JUDGE NS HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.25626 OF 2011 ------------------------------- DATED THIS THE 9TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P3 notice, for a declaration that Ext.P3 is ultra vires to the provisions of the Kerala Municipality Act, violative of Article 300A and 21 of the Constitution and is void and nonest and for a declaration that the petitioner has right to proceed with the construction based on Exts.P1 and P2. 2. Petitioner applied for permission to construct a building in the property owned by her. Pursuant thereto Ext.P2 building permit and Ext.P1 approved plan were issued. Ext.P2 building plan is dated 3/2/2010. While so, Ext.P3 notice dated 9/3/2011 was issued by the 2nd respondent informing the petitioner that building permit issued to her is cancelled as her property is included in the Manthra Environment Scheme. Petitioner submits that no reasons are stated for cancellation of the permit. It is -2- W.P.(C).No.25626/2011 pointed out that the Manthra Environment Scheme was formulated several years back, that the Scheme has not been implemented till date and that the Scheme has become obsolete. It is also pointed out that neither the petitioner's property nor any other property is acquired for implementation of the said scheme. In the aforesaid circumstances, the Manthra Scheme is not in existence. No area is notified for the said scheme under the Town Planning Scheme and therefore there is no justification for issuing Ext.P3. Petitioner further pointed out that mere formulating a scheme is not a ground to deprive a person his valuable right to enjoy his property. Petitioner also cited a decision of this Court in Padmini v. State of Kerala (1999 (3) KLT 465) in support of her contentions. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. 4. Learned Standing Counsel for the Corporation submits that in the event of the petitioner submits a representation before the Corporation stating her grievances within the time to be -3- W.P.(C).No.25626/2011 fixed by this Court, the respondent-Corporation shall consider and pass appropriate orders thereon. Learned counsel for the petitioner submits that the petitioner is willing to submit a representation before the Corporation. 5. In these circumstances, the writ petition is disposed of directing the petitioner to submit a representation before the Corporation within two weeks from today. In the event of the petitioner submits a representation as directed above, the respondent-Corporation shall consider and pass appropriate orders thereon, within a period of one month from the date of receipt of such representation. HARUN-UL-RASHID, Judge. kcv.