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2020 Supreme(Ker) 774

S.MANIKUMAR, SHAJI P.CHALY
District Town Planner, Thrissur – Appellant
Versus
Joby M. C. S/o Chakkunny – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Tek Chand.
For the Respondents: Sri. T.C. Suresh Menon, Sri. P.S. Appu, Sri. Santhosh P. Poduval.

JUDGMENT :

SHAJI P. CHALY, J.

1. This appeal is preferred by the third respondent in the writ petition i.e. the District Town Planner, Thrissur challenging the judgment of the learned Single Judge in W.P. (C) No. 15852 of 2019 dated 23.09.2019, whereby it was partly allowed, and held as follows at paragraphs 4 to 6:

    “4. When I consider the afore submissions, it is obvious that Secretary of the Thrissur Corporation is now incapacitated, on account of the old DTP Scheme, which reserves the area in question as the “lorry terminal in allowing the application for permit made by the petitioner.” Even if it is accepted that the old DTP is now antiquated and obsolescent and therefore, that Exts.P11 and P12 judgments have been delivered by this Court directing the Corporation to consider the permits even for construction in the said area, I do not deem it prudent to direct the grant of permit to the petitioner disregarding it going by the judgment of a Division Bench of this Court in The District Town Planner, Kottayam and Another vs. Antony Joseph and Others, W.A. No. 109/2015.

5. However, since, it is now conceded before me that a new Master Plan is being prepared for the Thrissur Corporation

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