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2012 Supreme(Online)(KER) 4226

HIGH COURT OF KERALA
C.K. ABDUL REHIM, J
THIRUVAMBADY DEVASWOM – Appellant
Versus
DIRECTOR OF URBAN AFFAIRS AND 2 OTHERS – Respondent


J U D G M E N T

In all these writ petitions challenge is against rejection of Building Permits by the respective Municipalities/Corporations on the ground of zonal classifications under the Detailed Town Planning scheme (DTP scheme) formulated either under the Town Planning Act, 1939 or under the Madras Town Planning Act, 1920. The petitioners applied for building permits for construction of residential/commercial buildings. In one case the application is by a Devaswom for construction of a 'Kalyanamandapam' attached to a temple. The reason for rejection of building permit mentioned in the impugned orders are that, the properties where the constructions are proposed are included either in the 'residential zone' or in the 'paddy field zone' (agricultural zone) or in the 'dry

6401, 6574, 7398 & 8218 OF 2012 -2-

cultivation area' etc. In most of the cases the DTP scheme in question was formulated long back, two to three decades ago. In some cases there are revised DTP schemes submitted in between.

2. Contention raised by the petitioners are many folded. In cases where permits are rejected on the basis that the area is earmarked as residential zone, it is contended that a good number of co

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