P SAIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) AN applicant for grant of building permit is the petitioner herein. He is aggrieved by Ext. P6 reply given by the Corporation denying the same on the plea that there will be violation of the detailed Town Planning Scheme known as "Munduparamba Scheme".

(2.) THE property in question is 37 cents in RS No. 622/2A7. It is averred in the writ petition that there was a small hut in the property bearing No. 22/192, which was demolished in the year 1993 as evidenced by Ext. P3 and the petitioner wants to construct a new house in the place of the said hut.

(3.) THE respondents have filed a counter affidavit supporting the order. THE question is whether the rejection of the application can be supported. Evidently, going by para 8 of the counter-affidavit, as per the "Munduparamba Scheme" there is a proposal for land acquisition for road widening. Evidently, it has not materialised so far and not even a proposal is there.