The court set aside an order rejecting a building permit application due to an unmaterialised road widening proposal, directing reconsideration under the Kerala Municipality Building Rules, 1999.
Set aside Ext.P3 order; reconsider building application within two months under Kerala Municipality Building Rules, 1999.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938
WP(C).No. 11966 of 2016 (U)
PETITIONER(S):
SHAJITH.T.K, S/O.LATE T.K.SREEDHARAN, AGED 47 YEARS, MILITARY SERVICE, RESIDING AT "TRISHA", P.O.CHIRAKKARA, THALASSERY - 670 104, KANNUR DISTRICT.
BY ADV. SRI.R.SURENDRAN
RESPONDENT(S):
1. THE SECRETARY, THALASSSERY MUNICIPALITY, THALASSERY.P.O., KANNUR DISTRICT - 670 101.
2. THE THALASSERY MUNICIPALITY, REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT - 670 101.
3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4. THE DISTRICT TOWN PLANER, DISTRICT TOWN PLANNING OFFICE, THANA, KANNUR-670012.
WP(C).No. 11966 of 2016 (U)
*5. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, NANTHANCODU, THIRUVANANTHAPURAM-695003. AWDDL.R4 & R5 ARE IMPLEADED AS PER ORDER DT 9/8/2016 IN IA 11243/2016.
R1 & R2 BY SRI.I.V.PRAMOD R3 & ADDL.R4 & R5 BY SENIOR GOVERNMENT PLEADER SRI.K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 11966 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1: | TRUE COPY OF SALE DEED DATED 31-5-2013, REGISTERED AS DOCUMENT NO.1127 OF 2013, OF S.R.O THALASSERY. |
|---|---|
| EXT.P2: | TRUE COPY OF BASIC TAX RECEIPT DATED 3-7-2015, IN RESPECT OF THE PROPERTY JOINTLY OWNED AND POSSESSED BY THE PETITIONER. |
| EXT.P3: | TRUE COPY OF ORDER DATED 19-3-2016, IN BUILDING APPLICATION NUMBER E3/BA/742/15-16 ISSUED BY THE ASSISTANT ENGINEER OF SECOND RESPONDENT ALONG WITH REJECTED SITE PLAN. |
| EXT.P4: | TRUE COPY OF JUDGMENT DATED 11-06-2014 IN W.P.(C).NO.14120 OF 2014 OF HONOURABLE HIGH COURT OF KERALA. |
| EXT.P5: | TRUE COPY OF JUDGMENT DATED 12-08-2015 IN W.P.(C).NO.22672 OF 2015 OF HONOURABLE HIGH COURT OF KERALA. |
RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE
bp
K. VINOD CHANDRAN, J.
=====================
W.P.(C) No.11966 of 2016 - U
====================== Dated this the 14th day of December, 2016
J U D G M E N T
For the reason of road widening proposal, the petitioner's application for building permit is not considered, is the short contention raised.
and the decision of the Hon'ble Supreme Court in Raju S.
2
W.P.(C) No.11966 of 2016 - U
Jethmalani v. State of Maharashtra [(2005) 11 SCC 222] . The said decisions have been relied on in Ext.P5 judgment, wherein the very same Municipality was the respondent.
within a period of two months from the date of receipt of a certified copy of this judgment.
The writ petition would stand disposed of.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/14/12/2016
// true copy //
P.A to Judge
3 issues framed by the court
Whether a landowner can be interdicted from construction when a road widening proposal has not materialised after nine years.
Whether a building permit order rejected on account of a non-materialised road widening proposal should be reconsidered outside the Town Planning Scheme.
Whether a building application should be reconsidered in accordance with the Kerala Municipality Building Rules, 1999.
Colour shows how this judgement treated each authority
Padmini v. State of KeralaReferred¶33
Padmini v. State of Kerala [1999 (3) KLT 465]
Raju S. Jethmalani v. State of MaharashtraReferred¶3435
Raju S. Jethmalani v. State of Maharashtra [(2005) 11 SCC 222] · Who else cites this
3 provisions across 3 enactments
SHAJITH.T.K
THE SECRETARY, THALASSERY MUNICIPALITY
THE THALASSERY MUNICIPALITY
STATE OF KERALA
THE DISTRICT TOWN PLANER
THE CHIEF TOWN PLANNER
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
