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B.BEENA, RESIDING AT `NISHARI' versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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B.BEENA, RESIDING AT `NISHARI' v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 15614 of 2007(H) [2007] RD-KL 16604 (4 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15614 of 2007(H)

1. B.BEENA, RESIDING AT `NISHARI',
... Petitioner

2. E.ABDUL SALAM, RESIDING AT `MINAR',

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. TRIVANDRUM TOWN PLANNING TRUST,

3. CORPORATION OF THIRUVANANTHAPURAM

4. TRIVANDRUM DEVELOPMENT AUTHORITY,

For Petitioner :SRI.L.MOHANAN

For Respondent :SRI.K.A.JALEEL, SC., TRIDA

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :04/09/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... W.P.(C)No.15614 OF 2007 ...........................................................

DATED THIS THE 4TH SEPTEMBER, 2007



J U D G M E N T

Heard Smt.Ligey Antony, counsel for the petitioners and Sri.N.Nandakumara Menon, Standing Counsel for the Corporation.

2. The petitioners are aggrieved by the rejection of an application for building permit submitted by them vide Ext.P4 on the ground that the property is covered by Ext.P5 Scheme. The petitioners submit on the basis of Ext.P6 judgment of this Court that this Court held relying on the Full Bench judgment in Francis v. Chalakudy Municipality (1999 (3) KLT 560) that Ext.P6 scheme therein (which is the same as Ext.P5 in this case) has become oppressive and will not be binding on the parties.

3. I do not propose to decide this case finally. However, considering Ext.P6, I quash Ext.P4 and direct the Corporation to take a fresh decision taking into account Ext.P6 judgment of this Court. Fresh decision as directed above will be taken by the Corporation at its earliest and at any rate within six weeks of receiving copy of this judgment. If the petitioners are desirous of a personal hearing, they may request for the same in which case the request will be granted. The Writ Petition is disposed of as above.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0. WP(C)N0.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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