IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 5609 of 2010(A) ------------------------- PETITIONER(S): --------------- V.ANWAR SADATH, AGED 40 YEARS, S/O, MUHAMMED ABDURAHIMAN, VALLANCHIRA HOUSE CHERANI, MANJERI PO, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. MANJERI MUNICIPALITY MANJERI,MALAPPURAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. DISTRICT COLLECTOR, MALAPPURAM. ADV. SRI.M.P.ASHOK KUMAR FOR R1 MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5609/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SITE PLAN SUBMITTED BY THE PETITIONER TO R1 ALONG WITH THE APPLICATION FOR BUILDING PERMIT. P2 : COPY OF NOTICE/ORDER VIDE NO.B-A-583/09-10 DATED 06/01/2010 ISSUED BY R1 TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5609 of 2010 (A) --------------------------------- Dated, this the 9th day of April, 2010 J U D G M E N T The petitioner submitted an application for a building permit. That was considered and rejected by Ext.P2 order dated 06/01/2010 passed by the Municipality stating that as per the Nelliparamba Area Scheme approved under the Town Planning Act, the area is earmarked as a planned residential area. It is challenging Ext.P2, this writ petition is filed. 2. From the submissions made by the learned counsel for the petitioner and the learned Government Pleader, the Scheme was published way back in 1994 and for implementation thereof acquisition of land is required to be completed. No steps have been taken for acquisition of any land. If that be so, the claim of the petitioner is covered by the judgment of this Court in P.K.Nasar v. Malappuram Municipality (2009(3) KLT 92), and the review order in Secretary to Government v. Nazar (2010(1) KLT 286) will have no impact on the said position. WP(C) No.5609/2010 -2- In view of the above, I quash Ext.P2 and direct the Municipality to pass fresh orders in the matter. It is made clear that the petitioner shall also furnish an undertaking before the Municipality that if the land is acquired within a period of one year from today, he shall not claim any compensation for the construction undertaken on the strength of the permit to be issued to the petitioner. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg