IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4962 of 2008(N)
1. HAMZA, S/O.MOKARIKUTTY
... Petitioner
2. AYISHABI, W/O.HAMZA
Vs
1. THE MALAPPURAM MUNICIPALITY
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/02/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No.4962 OF 2008
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Dated this the 12th day of February, 2008
JUDGMENT
Under challenge in this writ petition is Ext.P2 order of the
respondent Municipality rejecting the application for building
permit submitted by the petitioner on the reason that the
property on which building is proposed to be constructed is a
paddy field as per Kottapady scheme. The petitioner relies on
Ext.P3 order issued by the Assistant Collector under the land
utilisation order granting permission for re-claiming a total extent
of 87 = cents in R.S.No.338/6, 344/10 of Malappuram village.
Ext.P3 is issued in favour of one Ibrahim Haji and the petitioner’s
case is that he purchased a portion of the property mentioned in
Ext.P3 from the above said Ibrahim Haji and that Ext.P3 should
enure to his benefit also. It is seen from Ext.P2 that Ext.P3 had not
been produced by the petitioner before the Municipality.
2. Sri.Babu.S.Nair has taken notice on behalf of the
Municipality. I have heard the submissions of
Sri.M.P.Madhavankutty, learned counsel for the petitioner and
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those of Sri.Babu.S.air also. I am of the view that the
Municipality should re-consider Ext.P2 in the light of Ext.P3.
Accordingly, I quash Ext.P2 and direct the petitioner to produce
Ext.P3 within ten days from today before the respondent
Municipality. Upon production of Ext.P3 by the petitioner before
the respondent, respondent will re-consider the question of
issuing building permit to the petitioner after hearing the
petitioner and pass fresh orders. Fresh orders as directed above
shall be passed by the Municipality at the earliest and at any rate
within a period of three weeks of petitioner producing a copy of
Ext.P3 before the respondent.
PIUS.C.KURIAKOSE
JUDGE
sv.
WPC.No.4962/08 2