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2011 Supreme(Ker) 154

T.R.RAMACHANDRAN NAIR
V. Shivaprasad – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Sri. Anil Thomas (T), Advocate.
For the Respondents: Govt.Pleader.

JUDGMENT :-

1. Important questions concerning the interpretation of Part IX-A of the Constitution of India, the Kerala Municipality Act, 1994 and the Town Planning Act, 1939 arise in these two writ petitions. Since common questions arise, they have been heard together and are disposed of accordingly. W.P.(C) No.24526/2009

2. The issue raised herein pertains to the Town Planning Schemes for Thiruvananthapuram Corporation, especially the Plamoodu area. The petitioner is the owner of properties in Sy. Nos.2101/2.1.1, 2079/1, 2079/1- 1-1 of Kawdiar Village, Thiruvananthapuram Taluk. Ext.P1 series are the true copies of the applications for building permit, location plan, site plan, etc. which relate to the construction of a shopping mall comprising of 2 lakhs sq. ft. The Corporation rejected the application as per Ext.P2 order stating that the proposed site comes under the residential zone of the Government sanctioned General Town Planning Scheme (Master plan) for Thiruvananthapuram and also the property comes under the residential zone of the Government sanctioned Detailed Town Planning Scheme (hereinafter referred to as the D.T.P. Scheme). The petitioner mainly contends that the Master
























































































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