IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21486 of 2009(E)
1. DR.K.MUHAMMED ISMAIL, KAKKENGAL HOUSE,
... Petitioner
2. DR.U.RAHNA,
Vs
1. THE MALAPPURAM MUNICIPALITY,
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :05/08/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.21486/2009-E, 21508/2009-G,
21527/2009-I & 21535/2009-J
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Dated this the 5th day of August, 2009.
JUDGMENT
These matters are filed by different persons
challenging refusal of the Municipality to issue
building permit on the ground that lands in
relation to which permits are sought to be
earmarked are for a different purpose in terms of
the master plan. In relation to the same
Municipality and the master plan in question, the
issues stand covered against the Municipality as
per the decision of this Court in Nasar v.
Malappuram Municipality, 2009(3) KLT 92.
Accordingly, these writ petitions are allowed.
All decisions adverse to the petitioners are
quashed and it is directed that the applications
for building permits as are filed by the
petitioners will be considered and orders issued
WP(C)21486/09 & con.cases -: 2 :-
applying the law as it prevailed on the date of
respective application and without reference to
the existence of any Town Planning Scheme.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/290809