This judgment quashed an order rejecting a building permit application because the Municipality relied on an unapproved Town Planning Scheme. The court directed the Municipality to pass fresh orders within six weeks.
Order Ext.P4 quashed; Municipality directed to pass fresh orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934
WP(C).No. 2104 of 2012 (K)
PETITIONER:
E.A.ABDUL KADER, AGED 52 YEARS S/O.ENJIKALAYIL MANNUNNY, INCHIKALAYIL HOUSE,THALAPILLY TALUK KATTUKAMBAL VILLAGE,P.O.KATTUKAMBAL TRICHUR DISTRICT 680544
BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.V.VINAY MENON
RESPONDENT(S):
1. KUNNAMKULAM MUNICIPALITY REP.BY ITS SECRETARY,KUNNAMKULAM TRICHUR DISTRICT 680523
2. THE CHIEF TOWN PLANNER,
3. STATE OF KERALA, SECRETARY TO GOVERNMENT
R1 BY ADV. SRI.RAJIT, SC R2 & 3 BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 2104 of 2012 (K)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF SALE DEED NO.2955 OF 2006 DATED 8.11.2006 OF THE KUNNAMKULAM SUB REGISTRY OFFICE.
EXT.P2. COPY OF TAX RECEIPT BEARING NO.5478118 DATED 6.5.2011 ISSUED BY THE VILLAGE OFFICER, KUNAMKULAM VILLAGE.
EXT.P3 COPY OF THE PLAN SUBMITTED BY THE PETITIONER FOR APPROVAL BY THE SECOND RESPONDENT.
EXT.P4. COPY OF THE ORDER NO.367/10.11 DATED 7.3.2011 ISSUED BY THE FIRST RESPONDENT.
EXT.P5. COPY OF THE NOTICE DATED 09.11.1983.
EXT.P6. COPY OF THE RESOLUTION OF THE FIRST RESPONDENT DT. 14.8.1991. EXT.P7. COPY OF THE RESOLUTION DT. 10.7.1992 OF THE FIRST RESPONDENT.
EXT.8. COPY OF THE NOTICE DT. 19.4.1994.
EXT.9. COPY OF THE RESOLUTION DT. 13.10.1999 OF THE FIRST RESPONDENT.
EXT.P10. COPY OF THE RESOLUTION DT 5.11.2002 ISSUED BY THE FIRST RESPONDENT.
EXT.P11. COPY OF THE JUDGMENT DT. 2.3.2010 IN WPC NO.5208 OF 2010
EXT.P12. COPY OF THE JUDGMENT DT. 3.6.2010 IN WPC NO.16858 OF 2010.
EXT.P13. COPY OF THE JUDGMENT DATED 18.11.2010 IN WPC NO.32392 OF 2010 OF THIS HON'BLE COURT.
RESPONDET'S EXHIBITS : NIL
/ TRUE COPY /
P.A. TO JUDGE
VK
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.2104 OF 2012(K)
--------------------------------------------------
Dated this the 26th day of June, 2012
J U D G M E N T
Heard the counsel for the petitioner and the Standing counsel appearing for the first respondent.
sanction and that the Government have not rejected it so far.
WPC.No. 2104/2012
:2 :
application made by the petitioner, which it shall do at any rate within six weeks of production of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
3 issues framed by the court
Whether an unapproved town planning scheme relied upon by the Municipality to reject a building permit application was valid.
Whether the order rejecting the application should be quashed in view of the absence of an approved scheme.
Whether the Municipality is directed to pass fresh orders within six weeks.
E.A.ABDUL KADER
KUNNAMKULAM MUNICIPALITY
THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA
STATE OF KERALA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
