RAJAN Vs. CHALAKKUDY MUNICIPALITY

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of rejection of building permit applications submitted by the petitioners, basically for the reason that the properties in accordance with the Scheme and Plan existing are included in various Zones for development activities. Therefore, I heard them together and propose to deliver this common judgment. There is slight difference in the reliefs sought for in W.P.(C) Nos.34384 of 2017 and 1738 of 2018, which will be dealt with separately.

(2.) Petitioners have all submitted applications before the local body concerned, seeking issuance of building permit. On receipt of the applications, the same were considered and rejected on the ground that DTP Scheme is existing in the areas in question. According to the learned counsel appearing for the petitioners, on a perusal of the orders passed, it is quite clear and evident that the properties are included in various zones like residential, industrial, market, commercial, road widening etc. etc., and therefore, acquisition is required. The existence of the Scheme is admitted in all the writ petitions. Learned counsel appearing for the respective local bodies submitted that the stand adopted by the local body is in accordance with law, since the Schemes are existing.

(3.) I have considered the rival submissions made across the Bar and perused the pleadings and the documents on record.