A.P. SIBUNISA Vs. THE SECRETARY, THALASSERY MUNICIPALITY

JUDGEMENT

(1.) THE petitioner obtained Ext.P1 permit for alteration of an existing building from the respondent. The petitioner was directed to show cause why construction made pursuant to Ext.P1 permit should not be directed to be demolished on the ground that it violates the DTP Scheme in force. Despite Ext.P4 objections by the petitioner, again Ext.P5 show cause notice had been issued to the petitioner. Again petitioner filed Ext.P6 reply. Thereafter, by Ext.P7 order, the respondent cancelled Ext.P1 permit primarily on the ground that the permit itself was granted without noticing the DTP Scheme which provides for a road by the side of the petitioner's property, for which the petitioner's property is to be acquired. Petitioner challenged the same before the Tribunal which resulted in Ext.P8 order whereby the Tribunal passed the following order:

(2.) PETITIONER thereafter filed Ext.P9 affidavit which was rejected by Ext.P10 on the ground that the same does not conform to the directions in Ext.P8 order of the Tribunal. Petitioner has now filed this writ petition challenging the impugned orders and seeking the following reliefs:

(3.) I have considered the rival contentions in detail.