The Court declined to decide on the petitioner's entitlement to building permit. It observed that submitting a fresh application for building permit based on changed circumstances for Government exemption is open to the appellant.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937
WA.No. 2102 of 2008 (A) IN WP(C).34828/2005
AGAINST THE JUDGMENT IN WP(C) 34828/2005 DATED 19-06-2008
APPELLANT(S)/PETITIONER IN THE WP(C) :-
V.P.ABOOBACKER,
GREENRICH, PULIKKIL ROAD, WEST NADAKKAVU, KOZHIKODE CITY.
BY ADVS.SRI.A.SUDHI VASUDEVAN (SR.) SRI.M.PRAVEESH
RESPONDENT(S)/RESPONDENTS IN THE WP(C) :-
1. THE DEPARTMENT OF LOCAL SELF GOVERNMENT REP.BY ITS SECRETARY, SECRETARIAT THIRUVANANTHAPURAM.
2. THE KOZHIKODE CORPORATION, REP.BY ITS SECRETARY, KOZHIKODE.
3. THE PUBLIC WORKS DEPARTMENT, REP.BY EXECUTIVE ENGINEER, NATIONAL HIGH WAY DIVISION KOZHIKODE.
R2 BY ADV. SRI.K.D.BABU, SC
R1 & R3 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14-012016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
W.A. No.2102 of 2008
Dated this the 14th day of January 2016
J U D G M E N T
Shaffique, J.
This writ appeal has been filed challenging the judgment dated 19.6.2008 in W.P.(C) No.34828 of 2005.
W.A. No.2102 of 2008
-: 2 :-
“O R D E R
Government, in consultation with the Chief Town Planner, are pleased to exempt the construction of Five (5) more floors over the existing two (2) storeyed Commercial building (i.e. Total Seven (7) Floors : Basement + Ground + 5 Upper Floors + Stair case cabin) in T.S. No.126, 128 of Kacheri Village in Ward 1 of Kozhikode Corporation by Sri.V.P. Aboobacker from rules 15(3), 15(5), 21, 26, 17(2), 33(k), 24(2)(o), 24(6) and 27(2) of KBRs'84, subject to the result of OP No:16295/99 and also subject to the condition that the land for the widening of the road should be surrendered, free of cost, for the purpose.
This order is not a sanction to start work. Before starting the construction development permit and building permit from the Kozhikode Corporation should be obtained.”
However, in Ext.P4 it was stated that before starting the construction, development permit and building permit from the Kozhikode Corporation should be obtained.
W.A. No.2102 of 2008
-: 3 :-
Ext.P8 does not become effective. The learned Single Judge observed that there is no fault on the part of the 2nd respondent in not granting the NOC and accordingly, the writ petition was dismissed.
W.A. No.2102 of 2008
-: 4 :-
Under such circumstances, we are not expressing any
opinion on the entitlement of the appellant to get permission for construction of additional floors. We only observe that it is open for the appellant to submit a fresh application for building permit, which shall be considered by the authorities, in accordance with law.
Sd/-
ASHOK BHUSHAN
CHIEF JUSTICE
Sd/A.M. SHAFFIQUE
J UDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/15.1.2016.
1 issue framed by the court
Whether exemption granted by Government regarding construction of additional floors can be enforced by Court.
1 provisions across 1 enactments
V.P.ABOOBACKER
THE DEPARTMENT OF LOCAL SELF GOVERNMENT
THE KOZHIKODE CORPORATION
THE PUBLIC WORKS DEPARTMENT
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
