The issues involved in both these cases are similar and hence they are dealt with together. The applications preferred by the petitioners to put up a commercial cum residential building came to be considered and rejected by the 2nd respondent as per Ext.P5 order dated 17.10.2014 stating that Detailed Town Planning Scheme is applicable to the site in question, by virtue of which, the Municipality is not in a position to grant the permit. The case of the petitioners is that, the idea and understanding of the Municipality is per se wrong and unsustainable in all respects, in view of the law declared by this Court as per Exts.P6 to P8 judgments in the concerned writ petitions. 2. Heard the learned Standing Counsel appearing for the respondent Municipality as well.
W.P.(C) Nos.28187 & 28244 of 2014 () 2
3. On going through the judgments produced before this Court, it is seen that, the very same Municipality was a party to the above judgments, rendered in the year 2011/2012. It is not brought to the notice of this Court that, the said judgments have already been subject to challenge either by way of appeal or review or that the same stands modified or varied in any manner.
4. In the said circumstances, this Court finds that, the matter requires to be re-considered by the Municipality in the light of the aforesaid judgments. Accordingly, Ext.P5 is set aside and the respondent Municipality is directed to re-consider the application preferred by the petitioners for granting building permit, in the light of the law declared by this Court as per Exts.P6, P7 and P8, in accordance with law, after giving an opportunity of hearing to the petitioners. This shall be done at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.
W.P.(C) Nos.28187 & 28244 of 2014 () 3
5. The petitioners shall produce a copy of the judgment along with copy of the concerned writ petition before the 2nd respondent for further steps.
Both the writ petitions are disposed of.
AMV/18/11/ Sd/- P.R.RAMACHANDRA MENON, JUDGE