Quashed

P.M.Mamootty v. Thalassery Municipality

Kerala HC26 Jun 2012WP(C)/1831/2012

Case brief

AI extract

What is this about?

The court quashed the order rejecting a building permit application. It directed the municipality secretary to conduct a fresh inspection of the land, which the petitioner claims is a developed garden, and pass fresh orders if the petitioner's contention is found correct within eight weeks.

What did the court decide?

Quashed Ext.P3; directed Secretary to conduct fresh inspection and pass fresh orders within eight weeks.

P.M.Mamootty Vs Thalassery Municipality — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934

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WP(C).No. 1831 of 2012 (D)

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PETITIONER(S):

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P.M.MAMOOTTY, AGED 65 YEARS, S/O.HASSAN, AGED 65 YEARS, FEHMINAS, TEMPLE GATE P.O. 670102, THALASSERY, KANNUR DISTRICT.

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BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENT(S):

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1. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THALASSERY, KANNUR DISTRICT-670101.

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2. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT-670101.

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3. THE ASSISTANT ENGINEER (NORTH), THALASSERY MUNICIPALITY, KANNUR DISTRICT-670101.

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BY ADV. SRI.I.V.PRAMOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LSN

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WP(C).No. 1831 of 2012 (D)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1	A TRUE COPY OF THE SALE DEED NO.1113/2011 OF S.R.O., THALASSERY DATED 5/5/2011.
EXT.P2	A TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P3	A COPY OF THE COMMUNICATION NO.BA/E3/595/11-12 DATED 24/12/2011 ISSUED BY THE 3RD RESPONDENT.
EXT.P4	A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE FIRST RESPONDENT MUNICIPALITY.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

LSN

ANTONY DOMINIC,J

W.P.(C)No.1831 of 2012

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Dated this the 26^th day of June, 2012

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JUDGMENT

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Petitioner challenges Ext.P3, which is an order passed by the Secretary of the respondent Municipality rejecting an application made by the petitioner for a building permit, on the ground that the land is described as a reclaimed paddy land in the title deed produced by the petitioner. The case of the petitioner is that in spite of the description of the land as above, the land is a fully developed garden land and that there already exists a building. Therefore, he argues that the respondent should not have gone merely by the description of the land as contained in the document mentioned in Ext.P3.

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Having heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondents, I am inclined to think that the respondents should have given due importance to the actual state of affairs and if as stated by the petitioner, the land is a fully developed garden land with existing structures, the Secretary should have gone by that reality.

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W.P.(C)No.1831 of 2012 2

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Therefore, I quash Ext.P3 and direct that the Secretary shall conduct a fresh inspection and if on such inspection what is contended by the petitioner is found to be correct, fresh orders on the application for building permit shall be passed. This shall done at any rate, within eight weeks of production of a copy of this judgment.

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It is also clarified that it will be open to the petitioner to produce any other document to substantiate his contention as above.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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P.M.Mamootty v. Thalassery Municipality

Case brief

What is this about?

What did the court decide?

P.M.Mamootty v. Thalassery Municipality

Case brief

What is this about?

What did the court decide?

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