CHEKKU HAJI Vs. SECRETARY, MANJERI MUNICIPALITY

JUDGEMENT

(1.) THE petitioner has filed this Writ Petition challenging Ext.P4 proceedings of the 1st respondent rejecting his application for permission to construct a commercial building in his property. His application has been rejected for two reasons. Firstly on the ground that as per the Detailed Town Planning Scheme (hereinafter referred to as 'the D.T.P Scheme') applicable to the 2nd respondent Municipality, the area is demarcated as an open space and there is a proposal for widening of the road. That is pending. THE second reason is that the property is described as a paddy field in the title deed of the petitioner.

(2.) ACCORDING to the learned counsel for the petitioner, both the grounds on which Ext.P4 has been issued are 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. With regard to the second reason, the case of the petitioner is that though the property has been described as paddy field in his title deed, at present the same is remaining as a house plot or a filled up land. Therefore, he seeks the issue of appropriate orders setting aside Ext.P4.