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2009 Supreme(Ker) 397

THOTTATHIL B.RADHAKRISHNAN
Nasar – Appellant
Versus
Malappuram Municipality – Respondent


Advocates Appeared:For the Petitioner:Babu S. Nair, E.S. Ashraf & P.P. Abdul Kareem, Advocates. For the Respondent:N. Abdul Majeed, Advocate, Renjith B. Marar, L. Rajesh Narayan, Amicus Curiae, Advocates.

Judgment :

1. Learned standing counsel appears for the Municipality.

2. These petitions are filed challenging different decisions of authorities under the Malappuram Municipality refusing to grant building permits applied for under the Kerala Municipality Building Rules, 1999, hereinafter referred to as the "KMBR", on the ground that Detailed Town Planning Scheme, hereinafter, "DTPS", for short, as available in relation to that municipal area, namely, the Town Planning Scheme published in terms of G O.(Ms.)No.74/90/LAD dated 24.5.1990 published as S.R.O.No. 1464/90 in the Kerala Gazette dated 23.10.1990, does not provide for the grant of permit as sought for by the petitioners in the different cases, in as much as if such permits are granted, they would be in violation of the classification of municipal area into different zones which are earmarked for different purposes. The DTPS also would have green belts, which are exclusively meant for maintaining the sustained development of the ecological factors.

3. In some of the cases, the competent authority under the Kerala Land Utilization Order, 1967 issued under the Essential Commodities Act, 1955 has granted permits to convert lands







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