T.R.RAMACHANDRAN NAIR
V. Shivaprasad – Appellant
Versus
State Of Kerala – Respondent
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
1. State of Kerala v. Kumari T.P. Roshana and others (AIR 1979 SC 765).
3. Sayeesh Kumar v. State of Kerala (2005) 4 KLT 1027)
7. Teri Oat Estates (P) Ltd. v. U.T. Chandigarh and others {(2004) 2 SCC 130}
8. Friends Colony Development Committee v. State of Orissa and others {(2004) 8 SCC 733}
9. K.K. Bhalla v. State of M.P. and others {(2006) 3 SCC 581}
14. Sukhdev v. Bhagatram (AIR 1975 SC 1331)
2. Shanti G. Patel and others v. State of Maharashtra and others {(2006) 2 SCC 505}
4. Ayay Kumar Banerjee and others v. Union of India and others (AIR 1984 SC 1130)
6. Shri Sarwan Singh and another v. Shri Kasturi Lal {(1977) 1 SCC 750
10. Raju.S. Jethmalani and others v. State of Maharashtra and others [(2005) 11 SCC 222}
11. S.N. Chandrasekhar v. State of Karnataka and others {(2006) 3 SCC 208}
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