IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22534 of 2010(N)
1. P.N.KRISHNAKUMAR,S/O.NANU,RESIDING
... Petitioner
2. T.S.MALATHY,W/O.P.N.KRISHNAKUMAR,
Vs
1. THE STATE OF KERALA,REPRESENTED BY
... Respondent
2. THE GURUVAYOOR MUNICIPALITY,
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SRI.K.K.CHANDRAN PILLAI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/07/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 22534 of 2010-N
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Dated this the 28th day of July, 2010.
JUDGMENT
Aggrieved by the communication issued by the Municipality rejecting
the applications for building permit, this writ petition has been filed. The
reason shown is that the lands belonging to the petitioners are reserved for
parking and open space under a master plan, viz. D.T.P. Scheme.
2. Heard learned Standing Counsel for the Municipality. It is
submitted that the existing building is sought to be renovated and extended,
but since the petitioners had constructed the existing building without
obtaining proper permit, already proceedings are pending under Section 406
of the Act and the present order, Ext.P1 has been actually issued in those
proceedings, without reference to the alleged violations in the construction.
Learned counsel for the Municipality also submitted that the DTP Scheme
has been amended recently and the amended scheme permits construction
of residential houses in the particular area in question.
3. In that view of the matter, Ext.P1 cannot survive and hence it is
quashed. The matter will be reconsidered by the Municipality in accordance
with the rules. The finalisation of the proceedings under Section 406 of the
wpc 22534/2010 2
Act will be done only after hearing the petitioners and the application for
building permit also will be disposed of in accordance with the rules,
expeditiously.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/