JACOB VAIDYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners who are owning two pieces of land within the local limits of Kollam Corporation have come up before this Court aggrieved by the rejection of their applications for building permit by the respondent Corporation.

(2.) THE applications by the petitioners were for constructing commercial buildings. The respondent Corporation took the stand that the properties of the petitioners come within the industrial zone as per Development Plan for Quilon published in the year 1983. The petitioner in W.P(C) No.17733/2013 has come up before this for the second time. In the previous writ petition filed by him as W.P(C) No.18608/2012, this Court set aside the previous order of rejection by the respondent Corporation and directed them to reconsider the issue in the light of the principles laid down in the judgment of this Court in W.P(C) No.20070/2009. However, disregarding the directions, the request was again rejected by the Secretary of the respondent Corporation on the basis of the Detailed Town Planning (DTP) Scheme.

(3.) IN the counter affidavit filed by respondents 1 and 2, they have contended as follows: