Mohammed Fulail vs State Of Kerala on 8 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13245 of 2009(A)


1. MOHAMMED FULAIL, KALATHINGATHODI HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT TOWN PLANNER,

3. THE MALAPPURAM MUNICIPALITY,

4. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :SRI.ABDUL MAJEED.N

The Hon'ble MR. Justice V.GIRI

 Dated :08/05/2009

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).13245/2009
                      --------------------
         Dated this the 8th day of May, 2009

                      JUDGMENT

Petitioner challenges Ext.P3 order by which his

application for construction of a building in his

property, was rejected by the Municipality on the

ground that the said land might be required for an

acquisition at a later point of time. Petitioner refers

to the judgment in Padmini v. State of Kerala

(1999 (3) KLT, 465) and other judgments which

have taken the same view. In my view, it is not

necessary for this Court to consider the contentions

of the petitioner at this stage. Ext.P3 is appealable

before the Tribunal. In the circumstances, if the

petitioner files an appeal against Ext.P3, within one

month, Tribunal shall consider the same without

reference to the bar of limitation and take a

decision on the appeal, after hearing all affected

parties, within two months thereafter.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs