"CR"

Having been granted leave, the Secretary to Government of Kerala in Local Self Government Department has filed this petition seeking review of the judgment dated 10.6.2009 in WP (C) 16046 of 2009, a writ petition disposed of as part of a bunch of matters – Nasar V. Malappuram Municipality (2009 (3) KHC 35).

2. The relief sought for in the writ petition filed without the government on the array, was to quash the Malappuram Municipality’s decision refusing building permit on the ground that the land in relation to which building permit was sought, fell within an area identified as wet land and restricted to be for such user in terms of the master plan approved by the Government. It was noticed that in terms of the judgments issued by this court in Padmini V. State of Kerala (1999 (3) KLT 465) different judgments were issued by this court including those placed on record along with the writ petition as Exts.P3, P4, P5 etc. The judgment sought to be reviewed was accordingly issued. It is also a matter of record by now, that even the judgment sought to be reviewed has been followed later by this court in issuing different judgments.

3. For one thing, the Municipality is