ARPOOKAR GRAMA PANCHAYATH Vs. THOMAS

JUDGEMENT

(1.) The appeal is preferred by the 4th respondent in W.P.(C) No. 11620 of 2020 challenging the judgment of the learned single Judge dated 09/12/2020, whereby the learned single Judge allowed the writ petition and directed the appellant Grama Panchayat to consider the building permit application submitted by the first respondent/writ petitioner in accordance with the Master Plan prevailing for the Panchayat. It was further held that when the matters coming under the Master Plan and the DTP scheme overlapped each other, the Master Plan would prevail and that it is only when the DTP scheme is prepared subsequent to the Master Plan, the DTP scheme will prevail over the Master Plan. It is, thus, challenging the legality and correctness of the said judgment, the appeal is preferred.

(2.) Brief material facts for the disposal of the appeal are as follows:

(3.) The case of the writ petitioner was that the aforesaid land falls in the 'Residential Mixed Zone' under the 'Development Plan for the Medical College Area ' and therefore, a complete commercial construction is permitted in the said zone. However, the Secretary of the Panchayat considered Ext. P2 application, but rejected the same holding that the land is in the residential zone and falls within the Detailed Town Planning Scheme for the south of the Medical College area and only a limited extent of commercial area is possible, evident from Ext. P7 order.