Abdul Shukkoor vs The Malappuram Municipality on 17 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31541 of 2009(K)


1. ABDUL SHUKKOOR, S/O.ABDURAHIMAN,
                      ...  Petitioner

                        Vs



1. THE MALAPPURAM MUNICIPALITY,
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :STANDING COUNSEL

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/12/2009

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                    W.P(C).No.31541 OF 2009
                  -------------------------------------------
           Dated this the 17th day of December, 2009


                              JUDGMENT

The petitioner applied for building permit for the

construction of a residential building. That has been rejected as

per Ext.P1 on the ground that the land is earmarked to be

acquired acquired for the purpose of constructing residential

buildings in terms of the DTP scheme. No land acquisition

proceedings have been initiated in terms of the Town Planning

Act or the Land Acquisition Act. Obviously therefore, the case

stands covered in favour of the petitioner in view of the

judgments of this Court in Padmini v. State of Kerala [1999 (3)

KLT 465] and in Francis v. Chalakudy Municipality [1999 (3)

KLT 560 (FB)].

In the result, this writ petition is allowed quashing the

impugned Ext.P1 and directing that the application of the

petitioner will be taken up and considered without reference to

WPC.31541/09

2

the ground stated in the impugned order. Let orders be issued

in accordance with law, within a period of four weeks from the

date of receipt of a copy of this judgment.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.21/12.