IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28767 of 2009(M)
1. HARIDAS K.,S/O. KRISHNANKUTTY, PARATH
... Petitioner
Vs
1. STATE OF KERALA,R EPRESENTED BY THE
... Respondent
2. PALAKKAD MUNICIPALITY, REPRESENTED BY
3. THE TOWN PLANNING OFFICER, PALAKKAD
4. CHIEF TOWN PLANNER, OFFICE OF THE
For Petitioner :SRI.R.RAMADAS
For Respondent :SRI.V.CHITAMBARESH (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/02/2010
O R D E R
ANTONY DOMINIC, J
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W.P.(C).28767/2009
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Dated this the 3rd day of February, 2010
JUDGMENT
1. An application made by the petitioner for a building permit
was rejected by Ext.P4 order on the ground that the area is
covered by a Town Planning Scheme. Against the said order,
petitioner filed an appeal before the Tribunal resulting in Ext.P5
order, by which the Municipality was directed to reconsider the
matter. It is in the aforesaid circumstances, the writ petition is
filed.
2. It is now brought to my notice that during the pendency of
this matter, at the instance of the Municipality itself, the Scheme
has been revised by the Government. Therefore, pursuant to the
directions of the Tribunal as contained in Ext.P5 order and in
view of the modification that the Scheme has undergone, the
application of the petitioner is liable to be reconsidered.
3. Accordingly, the writ petition is disposed of directing the
2nd respondent to reconsider the application made by the
W.P.(C).28767/09
2
petitioner for issuance of a building permit, in the light of the
Scheme as revised. This shall be done as expeditiously as
possible, as any rate, within eight weeks of receipt of a copy of
this judgment.
ANTONY DOMINIC,
Judge
mrcs