VINEESHKUMAR Vs. MALAPPURAM MUNICIPALITY

JUDGEMENT

(1.) THE petitioner has filed this Writ Petition challenging Ext.P2 proceedings of the 2nd respondent rejecting his application for permission to construct a commercial building in his property. His application has been rejected on the ground that as per the master plan of the Municipality, the petitioner's property is included in the paddy field zone and therefore no permission can be granted to construct a commercial building over the same.

(2.) ACCORDING to the learned counsel for the petitioner, the ground on which Ext.P2 has been issued is unsustainable. According to the petitioner, there has been no land acquisition proceedings initiated pursuant to the D.T.P Scheme that is said to be applicable to the Municipality. In the light of the law laid down by the apex court, rejection of the petitioner's request on the said ground is therefore unsustainable. Therefore, he seeks the issue of appropriate orders setting aside Ext.P2.