MATHEW JOSEPH Vs. THODUPUZHA MUNICIPALITY

JUDGEMENT

(1.) The petitioner has approached this Court alleging that even though he attempted to make an application for a building permit, namely Ext.P2, along with a plan, namely Ext.P3, before the Secretary of Thodupuzha Municipality, the same was not accepted on the allegation that the area in question is marked as a "residential zone"; and therefore, that a commercial building cannot be constructed therein.

(2.) The learned counsel for the petitioner submits that the entire area is fully developed with both residential and commercial buildings and, therefore, that the stand of the Municipality is not tenable; and further that even though the Detailed Town Planning Scheme (DTP Scheme) may provide so, it is obvious that the said Scheme has not been implemented by the Municipality in the past. He, therefore, prays that the 2nd respondent be directed to accept Exts.P2 and P3 and allow the same at the earliest.

(3.) The learned Standing Counsel appearing for Thodupuzha Municipality - Sri.Unnikrishnan, submits that a counter affidavit has been placed on record wherein the following has been stated.