IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19232 of 2009(Y)
1. T.K.SHADULI, AGED 52 YEARS,
... Petitioner
2. A.P.ZEENATH, SHAKKHAZ, 5TH MILE,
Vs
1. THALASSERY MUNICIPALITY,
... Respondent
2. SECRETARY,
3. MUNICIPAL ENGINEER,
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :SRI.I.V.PRAMOD
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/12/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.19232 OF 2009
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Dated this the 17th day of December, 2009
JUDGMENT
The petitioner applied for building permit. That application
was rejected s per Ext.P1 on ground that the land in question is
earmarked for acquisition for the purpose of a bus stand in terms
of the DTP scheme and for development of a road junction in
terms of that scheme and therefore, no construction activity
could be permitted. The petitioner’s predecessor had earlier
obtained Ext.P2 judgment in relation to the property in question.
Notwithstanding that, it needs to be noted that no acquisition
proceedings have been initiated, either in terms of the Land
Acquisition Act or in terms of the Town Planning Act and without
such acquisition proceedings having been initiated within a
reasonable time, the grounds stated in the impugned Ext.P1 do
not survive in view of the judgments of this Court in Padmini v.
State of Kerala [1999 (3) KLT 465] and in Francis v.
Chalakudy Municipality [1999 (3) KLT 560 (FB)]. Accordingly,
WPC.19232/09
2
Ext.P1 is quashed and it is directed that the application of the
petitioner will be taken up and considered in accordance with
law, within a period of five weeks from the date of receipt of a
copy of this judgment. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.21/12.