P. SASIKALA Vs. THIRUVANANTHAPURAM CORPORATION

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of an order passed by the Tribunal for Local Self Government Institutions, in favour of the petitioner in W.P.(C) No.1540 of 2018, and which is under challenge in the other connected writ petition filed by the Thiruvananthapuram Corporation. Therefore, I heard them together and propose to deliver a common judgment. Facts and circumstances pointed out in W.P.(C) No.4976 of 2018 are relied upon in order to dispose of the writ petitions.

(2.) Petitioner in W.P.(C) No.1540 of 2018 is in possession of 2.84 Ares of property situated in Re-survey No.144 of Pattom Village. The said petitioner applied for building permit for construction of a residential building, before the Secretary of the Thiruvananthapuram Corporation, which was rejected on 13.01.2017 by the Secretary, stating that the petitioner's property is situated within the limits of the proposed Thiruvananthapuram Medical College Area Development Scheme included under the Town Planning Act. The said rejection order was taken in appeal before the Tribunal and as per an order dated 31.10.2017, the appeal filed by the said petitioner was allowed, holding that the Development Scheme based on which the application for building permit was rejected has not yet been announced by the Government. Therefore, the said Thiruvananthapuram Medical College Area Development Scheme is not in force as on the date of the impugned order. Therefore, it can only be found that the impugned order cannot be sustained under law. Consequential directions were issued, directing the Secretary of the Corporation to re-consider the application for building permit within 30 days from the date of receipt of the order.

(3.) I have heard learned Senior Counsel for the Thiruvananthapuram Corporation, learned counsel appearing for the petitioner in the other writ petition, and the learned Government Pleader, and perused the pleadings and the documents on record.