Musliyar Muhammed vs The Malappuram Municipality on 2 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17571 of 2009(N)



1. MUSLIYAR MUHAMMED
                      ...  Petitioner

                        Vs

1. THE MALAPPURAM MUNICIPALITY
                       ...       Respondent

                For Petitioner  :SRI.E.S.ASHRAF

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/07/2009

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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            W.P.(C).No.17571 of 2009-N

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       Dated this the 2nd day of July, 2009.

                     JUDGMENT

1.The petitioner seeks to quash Ext.P1 whereby the

respondent has refused to consider the building

permit application of the petitioner on a ground

referable to the existence of a master plan. The

said master plan which applies to the territory

of the first respondent fell for consideration of

this Court in different writ petitions, including

those which led to Exts.P3 and P4 judgments. I am

satisfied that the petitioner is entitled to the

relief since the existence of those master plans

in the draft stage is insufficient to deny the

building permit, more particularly when no land

acquisition proceedings had proceeded on the

basis of the master plan.

2.For the aforesaid reasons, Ext.P1 is quashed and

WP(C)17571/09 -: 2 :-

the respondent is directed to consider the

building permit application of the petitioner and

grant permit, if the application is otherwise in

order, without reference to Ext.P1. Let that be

done within one month from today.

The writ petition is allowed as above.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/070709