SHIVAPRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Important questions concerning the interpretation of Part IX - A of the Constitution of India, the Kerala Municipality Act, 1994 and the Town Planning Act, 1939 arise in these two writ petitions. Since common questions arise, they have been heard together and are disposed of accordingly.

(2.) WP (C) No. 24526/2009

(3.) The DTP Scheme of Plamoodu came into existence as notified under S.12 of the Town Planning Act, 1939 by GO (MS) No.174/92 / LAD dated 29/06/1992 (Ext. P6). In an attempt to enlighten the respondents of the necessity to amend the zoning regulations in respect of the area and to provide it as a mixed use area, the petitioner has been moving the third respondent as per Exts. P7 to P9 objections and letters. He moved the Government also by Exts. P10, P11 and P12 and Exts. P13 and P14 are the replies given to the effect that these objections will be considered at the time of revision of the DTP Scheme. The petitioner thereafter undertook the task of preparing an existing scenario map for a DTP Scheme in the area and Exts. P16 to P18 series are the relevant documents. Ext. P19 is a comparative table prepared. This was followed by Exts. P20 and P22 and the petitioner moved the Government under S.7, S.13 and S.35 of the Town Planning Act for considering them, but without any result. It is in these circumstances the writ petition has been filed.