IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22265 of 2008(A)
1. KUNJIAYSUMMA, W/O A.T. SAID MOHAMMED,
... Petitioner
Vs
1. THE GOVERNMENT OF KERALA, REPRESENTED BY
... Respondent
2. GURUVAYOOR MUNICIPALITY,
For Petitioner :SRI.KRISHNAKUMAR MANGOT
For Respondent :SRI.K.K.CHANDRAN PILLAI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/08/2008
O R D E R
ANTONY DOMINIC, J.
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No. 22265 OF 2008 A
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Dated this the 25th day of August 2008
J U D G M E N T
Heard both sides.
2. Petitioner submitted an application to the respondent
Municipality for a building permit. That was rejected by Ext. P3 on
the ground of the pendency of a Town Planning Scheme. She
moved the 1st respondent by Ext. P4 and that resulted in Ext. P5(b)
order dated 31.3.2005 thereby the Government allowed her
application exempting the construction from the zonal requirements
of the Town Planning Scheme.
3. Accordingly, the petitioner made necessary applications to
the Municipality and finally she received Ext. P7 from the
Municipality, rejecting the request in view of Ext. P8. In Ext. P8
Govt. Order, the Government have directed rejection of the
petitioner’s application in view of the judgment of this Court
rendered on 7.11.2005.
W.P.(C) No. 22265 OF 2008
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4. As already noticed, exemption was granted by Ext. P5(b)
dated 31.3.2005 and in view of that, the rejection relying on a
subsequent development cannot be sustained.
5. In view of this, Exts. P7 and P8 will stand quashed and the
Municipality shall consider the application made by the petitioner in
pursuance to Ext. P5(b) and pass fresh orders. This shall be done as
expeditiously as possible, at any rate within 4 weeks of production
of a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-