JUDGMENT

The petitioner decided to construct a building in her 2.5 cents of land. She applied for a building permit. But as per Ext.P8 order, the 2nd respondent rejected the application citing DTP Scheme. The petitioner issued Ext.P9 purchase certificate to the local authority and it was received on 18.12.2021. The 2nd respondent again rejected the application for building permit by Ext.P10 order dated 17.01.2022. The DTP scheme has become obsolete and the same has not been implemented in full despite the lapse of several decades, is the case of the petitioner. According to the petitioner, the DTP scheme referred has so far remained only in paper as a mere proposal without any implementation. It is also the case of the petitioner that no decision is taken by the Panchayat as per Section 67 (2) of the Kerala Town and Country Planning Act , 2016 (for short the Act, 2016). Hence, this writ petition is filed with following prayers:

“I. Issue a writ in the nature of mandamus directing the 2nd respondent to issue a building permit to the petitioner as applied for;

II. Call for the Detailed Town Planning Scheme and approved Master plan of the first respondent and quash it in so far as it re