C M KARIM Vs. STATE OF KERALA PRINCIPAL SECRETARY DEPARTMENT OF LOCAL ADMINISTRATION SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) AN application submitted by the petitioner seeking building permit for construction of a commercial building was rejected by the 2nd respondent Municipality, through Ext.P2 order. The reasons for rejection stated in Ext.P2 are that, the property in which the construction is proposed, is situated abutting M.C. Road which is under proposal for widening, as per the Master Plan published. Further reason stated is that the property is included in the 'residential zone' under the Master Plan, and hence construction of commercial buildings exceeding 50 sq., meters cannot be permitted. Challenge is against Ext.P2.

(2.) EXT.P4 is a judgment of this court disposing a batch of cases wherein it is observed that, concededly there is no approved and notified town planning scheme for Perumbavoor Municipal area. It is further stated that the scheme is only under process and no approval has been granted and no notification has been issued so far. EXT.P3 is a reply given by the 2nd respondent to a query made under the Right to Information Act. It will indicate that there is no approved Master Plan with respect to the 2nd respondent Municipality. On the basis that there is no approved Master Plan, identical orders issued rejecting building permits have been quashed by this court, as evident from EXT.P4 and P5 judgments.

(3.) A decision in this regard shall be taken at the earliest, if necessary after affording an opportunity of hearing to the petitioner, at any rate within a period of one month from the date of receipt of a copy of this judgment.