IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5609 of 2010(A)
1. V.ANWAR SADATH AGED 40 YEARS
... Petitioner
Vs
1. MANJERI MUNICIPALITY
... Respondent
2. STATE OF KERALA,REPRESENTED BY THE
For Petitioner :SRI.P.VENUGOPAL (1086/92)
For Respondent :SRI.M.P.ASHOK KUMAR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/04/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.5609 of 2010 (A)
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Dated, this the 9th day of April, 2010
J U D G M E N T
The petitioner submitted an application for a building permit.
That was considered and rejected by Ext.P2 order dated
06/01/2010 passed by the Municipality stating that as per the
Nelliparamba Area Scheme approved under the Town Planning Act,
the area is earmarked as a planned residential area. It is
challenging Ext.P2, this writ petition is filed.
2. From the submissions made by the learned counsel for
the petitioner and the learned Government Pleader, the Scheme was
published way back in 1994 and for implementation thereof
acquisition of land is required to be completed. No steps have been
taken for acquisition of any land. If that be so, the claim of the
petitioner is covered by the judgment of this Court in P.K.Nasar v.
Malappuram Municipality (2009(3) KLT 92), and the review order in
Secretary to Government v. Nazar (2010(1) KLT 286) will have no
impact on the said position.
WP(C) No.5609/2010
-2-
In view of the above, I quash Ext.P2 and direct the Municipality
to pass fresh orders in the matter. It is made clear that the
petitioner shall also furnish an undertaking before the Municipality
that if the land is acquired within a period of one year from today,
he shall not claim any compensation for the construction
undertaken on the strength of the permit to be issued to the
petitioner.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg