IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 884 of 2011(I)
1. E.ABDUL SALEEM, S/O.MUSTAFA,
... Petitioner
Vs
1. THE MALAPPURAM MUNICIPALITY
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :24/01/2011
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C) 884 OF 2011
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Dated this the 24th day of January, 2011
J U D G M E N T
The petitioner has submitted an application before the first
respondent Municipality for building permit to construct a
residential house within the local limits of the said
Municipality. Later, he was issued with Ext.P1 order refusing
the grant of building permit on the ground of existence of
D.T.P Scheme. Evidently, the said master plan was approved as
early as on 1984. Admittedly, despite the lapse of about 26
years, since the approval of said master plan, no land within
the said local limits has been acquired. In view of the said
position and also in the light of the decision of Hon’ble Apex
Court reported in Raj S. Jathmalani & others v. State of
Maharashtra(2005(11) SCC 222). The learned counsel for
the petitioner submitted that the said stand taken by the
respondent Municipality cannot be sustained. Under similar
circumstances, aggrieved by the refusal of building permit by
the very same Municipality, another applicant approached this
Court by filing WP(C) No.37067/2009. The judgment of which
is produced in this writ petition as Ext.P2. After considering
wpc 884/2011 2
all aspects of the matter especially in the light of the decision
in Raj S. Jathmalani’s case(Supra), this Court held that the
stand taken by the respondent could not be sustained. In view
of the aforesaid indisputable position, I am inclined to dispose
of this writ petition. Ext.P1 is quashed and accordingly the
Secretary of the Malappuram Municipality is directed to re-
consider the application submitted by the petitioner for
building permit in accordance with the provisions contained in
the Kerala Municipality Building Rules and to take appropriate
decision thereon, expeditiously, at any rate, within a period of
one month from the date of receipt of a copy of this judgment.
Disposed of accordingly.
Sd/-
C.T. RAVIKUMAR, JUDGE
jma
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P.A to Judge