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2020 Supreme(Ker) 943

C. T. RAVIKUMAR, K. HARIPAL
District Town Planner, Office of The District Town Planner, Civil Station, Thrissur – Appellant
Versus
T. O. Linson, S/O. T. L. Ouseph – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. K.R.Deepa, Sr.Government Pleader
For the Respondent: Sri. Santhosh P.Poduval, Sc, Sri.Binoy Vasudevan, Adv.

JUDGMENT :

Ravikumar, J.

The above appeal is directed against judgment dated 01.02.2019 in W.P.(C).No. 42445 of 2018. The third respondent in the said writ petition is the appellant herein. In fact, it is the perennial problem of deprival of the right of use of the land for residential purpose that made the first respondent herein to file the said writ petition. His application for building permit was rejected on the second occasion also, citing the existence of draft master plan for construction of an outer ring road for Thrissur Town. He is the owner in possession of 30.47 Ares of land comprised in Re-sy. Nos.666/4P, 666/5, 666/4, 666/3, 941/4-Re and 666/8 of Ollukkara village in Thrissur Taluk. The application submitted for permit for residential construction was rejected as per Ext.P7 dated 10.01.2018. A perusal of the same would reveal that existence of a proposal for construction of ring road as per the draft master plan prepared by the Thrissur Municipal Corporation and forwarded for approval of the State Government is the reason for rejecting the said application. Earlier, the first respondent, the writ petitioner had submitted an application for the very same purpose on 11.8

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