P. RASHEED Vs. THRISSUR CORPORATION

JUDGEMENT

(1.) THE petitioner along with two other co-owners had obtained Ext.P1 permit from the respondent Corporation for construction of a building (Dormitory) in a property owned by them situated within the limits of the respondent Corporation. Subsequently Ext.P2 revised building permit was issued on 02-12-2010. The petitioner again applied for revision of the permit in order to convert the nature of the construction as a commercial building. Exhibit P4 application submitted in this regard was rejected through Ext.P5 letter issued by the respondent Corporation assigning the reason that the occupancy change cannot be permitted in view of the classification of the area as "residence zone" under the DTP scheme. Petitioner is challenging Ext.P5 in this writ petition.

(2.) IT is contended that the area wherein the property is situated is fully developed as commercial area, surrounded by a lot of commercial buildings. According to the petitioner, the DTP scheme in question namely 'Thekkinkad Scheme' was formulated about 35 years back and it remained on paper without implementation. It had lost its significance in view of the subsequent developments of the area and because of the enormous number of commercial constructions came into existence. The petitioner points out Ext.P6 and similar other judgments wherein this court had issued directions for re- consideration of the matter without reference to the town planning scheme.

(3.) HEARD ; learned counsel for the petitioner and standing counsel appearing on behalf of respondent Corporation. Since this matter is of general importance affecting interest of the State Government, Sri. P. Jayasankar, special Government Pleader had also addressed arguments in this case, along with some other cases of identical issues.