Allowed

N.P.Abdul Salam v. the Guruvayoor Municipality

Kerala HC21 May 2012WP(C)/295/2012

Case brief

AI extract

What is this about?

This writ petition challenges the rejection of a building permit application based on an unimplemented Master Plan from 1970. The High Court upheld the petitioner's entitlement citing Supreme Court precedents and quashed the rejection order.

What did the court decide?

Quashed Ext.P4 order and directed the Municipality to pass fresh orders on the petitioner's application in accordance with law.

N.P.Abdul Salam Vs the Guruvayoor Municipality — Property and Title | 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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MONDAY, THE 21ST DAY OF MAY 2012/31ST VAISAKHA 1934

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WP(C).No. 295 of 2012 (J)

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PETITIONER:

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N.P.ABDUL SALAM, AGED 66 YEARS, S/O. N.P.S.MUHAMMED NAZARUDEEN MOULAVI, NALAKATHU POKKAKILLATH, NEDIYAPARAMBIL HOUSE, KARAKKAD, GURUVAYOOR P.O., PIN-680 101.

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BY ADVS.SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN

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RESPONDENT(S):

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1. THE GURUVAYOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, GURUVAYOOR, TRICHUR DISTRICT-680 101.

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2. SECRETARY, GURUVAYOOR MUNICIPALITY, MUNICIPAL OFFICE, GURUVAYOOR, TRICHUR DISTRICT, PIN-680 101.

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BY ADV. SRI.P.A.AHAMMED,SC BY ADV. SRI.M.SREEKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 295 of 2012 (J)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.P1 : COPY OF THE BUILDING PERMIT.

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EXT.P2 : COPY OF THE ORDER DTD.5.6.2011.

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EXT.P3 : COPY OF THE APPLICATION FOR BUILDING PERMIT AND THE PLAN.

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EXT.P3(a): COPY OF THE APPLICATION FOR BUILDING PERMIT AND THE PLAN.

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EXT.P4 : COPY OF THE ORDER DTD.8.12.2011.

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RESPONDENTS' EXHIBITS:

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EXT.R1(A): COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO. 32315/2009 DATED 14/7/2010.

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EXT.R1(B): COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WA NO.53/2011 DATED 17/10/2011.

/TRUE COPY/

P.A. TO JUDGE

ANTONY DOMINIC,J

W.P.(C)No.295 of 2012

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Dated this the 21^st day of May, 2012

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JUDGMENT

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A building permit applied for by the petitioner was rejected by Ext.P4 communication issued by the respondents stating that as per the master plan notified by GO(MS)No.2/2010 LSGD dated 01.01.1970. The permit cannot be granted. The counsel for the petitioner submits that the said view taken is illegal and opposed to the Apex Court in Raju.S. Jethmalani v. State of Maharashtra and others (2005(11)SCC 222) and Kalpetta Municipality v. M. Mohandas and others (2011(4) KHC 844(DB).

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Admittedly, after the notification was issued way back on 01.01.1970. The Municipality of the Government have not taken any action for in implementation of the scheme. In such a case the entitlement of the petitioner for issuance of the building permit has to be upheld in the light of the principles laid down by the Apex Court judgments referred to above. Therefore, Ext.P4 is quashed and the Municipality is directed to pass fresh orders on the application made by the petitioner in accordance with law.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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N.P.Abdul Salam v. the Guruvayoor Municipality

Case brief

What is this about?

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N.P.Abdul Salam v. the Guruvayoor Municipality

Case brief

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