SECRETARY TO GOVERNMENT Vs. JOSEPH LUKOSE

JUDGEMENT

(1.) HEARD learned counsel for the appellants and the learned counsel appearing for the contesting respondents.

(2.) THIS Writ Appeal has been filed against the judgment dated 5.6.2013 in W.P(C).No.4316 of 2013, by which judgment the Writ Petition filed by the respondents has been allowed, directing the Secretary, Kottayam Municipality to consider the application for building permit submitted by the writ petitioner/respondent afresh without reference to the DTP scheme. The State being aggrieved by the said judgment, has come up in the Writ Appeal.

(3.) THE learned Single Judge, after hearing the Writ Petition, relying on the judgment of this Court dated 30.7.2010 in W.P(C).No.18705 of 2010, and having found that the development schemes shall not be used to place any restriction on the right of the land owner, took the view that Exhibits P10 and P11 are unsustainable. Exhibits P10 and P11 were set aside and the Municipality was directed to consider the application for building permit submitted by the petitioner afresh without reference to DTP scheme. The said judgment has been appealed by the State.