P.K.Haris vs The Malappuram Municipality on 26 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17410 of 2009(U)


1. P.K.HARIS, S/O. MOIDEEN HAJI,
                      ...  Petitioner

                        Vs



1. THE MALAPPURAM MUNICIPALITY,
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :SRI.N.ABDUL MAJEED,SC,MALAPPURAM MUNCIP

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :26/06/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                  W.P(C).No.17410 OF 2009
                  -------------------------------------------
              Dated this the 26th day of June, 2009


                              JUDGMENT

The petitioner submitted an application for construction of

a commercial building. The Municipality issued Ext.P1 stating

that the area in question is included as paddy field as per the

approved master plan with the Municipality. The petitioner

obtained exemption from the provisions of the Kerala Land

Utilisation Order, 1967 for conversion of the land. Whatever

that be, as held in Ext.P3 judgment, the detailed town planning

scheme in question had never become operational and cannot be

put against the petitioner. For the aforesaid reasons, Ext.P1 is

quashed and this writ petition is ordered directing that the

application of the petitioner for building permit will be

considered and permit granted if the application is otherwise in

order, without reference to the grounds stated in Ext.P1, within

a period of one month from the date of receipt of a copy of this

judgment.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.26/6.