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2010 Supreme(Ker) 823

T.R.RAMACHANDRAN NAIR
P. Saidu, Puzhakkathodi House – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. Kaleeswaram Raj
For the Respondent: N. Sudha Devi, N. Abdul Majeed

JUDGMENT :

T.R. Ramachandran Nair, J.

An applicant for grant of building permit is the petitioner herein. He is aggrieved by Ext.P6 reply given by the Corporation denying the same on the plea that there will be violation of the detailed Town Planning Scheme known as "Munduparamba Scheme".

2. The property in question is 37 cents in R.S. No. 622/2A7. It is averred in the writ petition that there was a small hut in the property bearing No.22/192, which was demolished in the year 1993 as evidenced by Ext.P3 and the petitioner wants to construct a new house in the place of the said hut.

3. It is pointed out that the scheme, viz. "Munduparamba Scheme" was evolved on 12.7.1988 which was never implemented. Ext.P8 reply received under the Right to Information Act, is relied upon to show the same. Evidently, the Scheme refers to construction of a road.

4. Reliance is placed on Ext.P10 judgment of this Court wherein, in similar circumstances, rejection of the application was interfered by this Court.

5. The respondents have filed a counter affidavit supporting the order. The question is whether the rejection of the application can be supported. Evidently, going by para 8 of the counter affidavit, a








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