LAWS(KER)-2010-9-133

P J SUMATHY Vs. KUNNAMKULAM MUNICIPALITY

Decided On September 16, 2010
P.J.SUMATHY Appellant
V/S
KUNNAMKULAM MUNICIPALITY Respondents

JUDGEMENT

(1.) The petitioner is the owner of a parcel of land, 5 cents in extent, situated in Re-survey No.98/16 (part) of Kunnamkulam Village, Talappilly Taluk, Thrissur District. With a view to put up a residential building in that parcel of land she submitted an application for a building permit. That application was rejected and the decision communicated to the petitioner by Ext.P7 letter dated 20.8.2010 stating that the petitioner's land is situated in the locality where under the DTP Scheme for Central Area of Kunnamkulam Part I, a 21 metre wide road connecting Pattambi road to Wadakkancherry road is proposed to be laid and therefore the permit cannot be issued.

(2.) A learned single Judge of this Court has in Ext.P8 judgment delivered on 2.3.2010 in W.P(C)No.5208 of 2010 considered the very same issue and held that as the Scheme has not been approved or notified by the respondents, the rejection of the application for building permit by the Secretary of the Kunnamkulam Municipality was not in order. The said writ petition was accordingly allowed and the Secretary of the Kunnamkulam Municipality was directed to reconsider the application for building permit submitted by the petitioner in that writ petition.

(3.) In the light of Ext.P8 judgment of this Court in W.P(C) No.5208 of 2010, to which Kunnamkulam Municipality is a party, and in view of the fact that the application for building permit in the instant case was also rejected on the same ground, I am of the opinion that the petitioner is entitled to succeed in this writ petition. I accordingly allow the writ petition, quash Ext.P7 and direct the Secretary, Kunnamkulam Municipality to reconsider the application for building permit submitted by the petitioner in the light of the relevant rules without reference to the DTP Scheme for Central Area of Kunnamkulam Part I and take an appropriate decision thereon in accordance with law expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment. The petitioner shall pay the requisite fee on being informed by the Secretary of the Kunnamkulam Municipality.