This writ petition challenging a Tribunal order directing the petitioner Municipality to reconsider an application for a building permit without reference to its earlier decision was dismissed. The Court held that there was no ground to interfere with the Tribunal's order which followed a prior judgment.
The writ petition is dismissed.
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 SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937
WP(C).No. 21240 of 2015 (D)
PETITIONER(S):
THE TIRUR MINICIPALITY, REPRESENTED BY ITS SECRETARY, THRIKKANDIYOOR P.O. 676 101, TIRUR, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. SRI.ANTONY ROBERT DIAS
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. ABDUL SALIM K.C.,
R2 BY ADV. SRI.K.RAMACHANDRAN R2 BY ADV. SMT.M.C.BINDUMOL R1 BY GOVERNMENT PLEADER SMT.LILLY LESLIE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 21240 of 2015 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A TO JUDGE
AD
P.V.ASHA, J.
--------------------------------------W.P.(C).No.21240 of 2015
Dated this the 14th day of October, 2015
JUDGMENT
The Municipality has filed this writ petition challenging Ext.P7 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram (for short 'the Tribunal') in Appeal No.75/2014, by which the Municipality is directed to re-consider the application submitted by the 1st respondent for building permit, without reference to its earlier decision.
W.P.(C).No.21240 of 2015 2
W.P.(C).No.21240 of 2015 : 2 :
Municipality not to permit construction of buildings near the trenching ground of its waste disposal plant. This Court did not interfere with the order of the Tribunal. In the present case also, the reason stated for rejection is that the proposed construction is within 200 metres of the trenching ground of the Municipality, as can be seen in Ext.P2 and Ext.P6 proceedings of the Municipality.
W.P.(C).No.21240 of 2015 3 W.P.(C).No.21240 of 2015 : 3 :
the Act 12 of 2015 in the Kerala Finance (No.2) Act, 2015, published in the gazette dated 29.7.2015, the Kerala Conservation of Paddy land and Wetland Act, 2008 has been amended inserting Section 3A which reads as follows:
“3A. Power to regularise the conversion or reclamation by recovering a fee equal to 25 percent of the fair value of the land notified under Section 28A of the Kerala Stamp Act, 1959.”
Therefore that objection is one which can be resolved in the light of the above provision. What the Tribunal has directed the Municipality in Ext.P7 is to reconsider the application without reference to the decision of the Municipality not to grant permit for construction of building within the limit of the trenching ground. In the above circumstances, I do not find any reason to interfere with the order passed by this Tribunal.
The writ petition is accordingly dismissed.
Sd/-
P.V.ASHA Judge
AD
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's order directing the Municipality to reconsider the building permit application without reference to its earlier decision?
Whether the proposed construction site status as reclaimed land shown as 'Nilam' in revenue records provides a ground to grant a building permit near the waste disposal plant trenching ground?
Colour shows how this judgement treated each authority
W.P(C) No.4672/2010Followed¶3
The Tirur Municipality, represented by its Secretary
The State of Kerala, represented by the Secretary to Government, Local Self Government Department
Abdul Salim K.C.
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
