JUDGMENT

The petitioners are seeking for a direction to the Municipality to issue a building permit, after quashing Ext.P2.

2. The petitioners own 10 cents of land each in R.S. No.627/8A of Panakkadu Village in Eranadu Taluk in Malappuram District. As co- owners, they decided to construct a commercial building and accordingly submitted an application for getting permission for construction. Ext.P2 the reason shown is that the area is a residential zone as per Kunnummal Scheme.

3. The petitioners have contended that the area is not a residential zone. The plot is lying on the side of Tirur - Manjeri State Highway and is a commercially important place. Ext.P3 photographs are also produced to show the same. It is further contended that so many commercial buildings are situated in and nearby the locality and the D.T.P. Scheme was never implemented and in such cases the petitioners' rights are protected under Article 300A of the Constitution of India .

4. In the counter affidavit filed by the Municipality what is wpc 18852/2010 2 mentioned is that as per G.O.(MS) No.74/90/LAD dated 24.5.1990 the Town Planning Scheme sanctioned, had come into force. Under the approved master plan the zonin