Quashed

Sini Raj M.T v. the State of Kerala

Kerala HC26 Feb 2016WP(C)/3615/2016

Case brief

AI extract

What is this about?

Honble Mr. Justice V. Chitambaresh quashed an order rejecting a building permit. The Court held that rejection without local inspection was unwarranted and mere depiction as wet land in possession certificate was insufficient to deny the permit.

What did the court decide?

Ext.P4 order quashed. Second respondent directed to reconsider building permit application with notice to petitioner within one month.

Sini Raj M.T Vs the State of Kerala — Municipal and Town Planning | Kerala HC (2016)

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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 V.CHITAMBARESH

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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WP(C).No. 3615 of 2016 (B)

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PETITIONER(S):

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SINI RAJ M.T., AGED 37 YEARS S/O.LATE RAJAN M.T., AGED 39 YEARS RESIDING AT MEKKAYIL THAIKKANDY, POST NALLALAM CALICUT-25.

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BY ADVS.SRI.R.K.MURALEEDHARAN SMT.ATHIRA A.MENON

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RESPONDENT(S):

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THE STATE OF KERALA, REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM. 695001.

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THE KOZHIKODE CORPORATION, REPRESENTED BY SECRETARY, KOZHIKODE-673101.

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THE ASSISTANT ENGINEER, ZONAL OFFICE, KOZHIKODE CORPORATION CHERUVANNUR-NALLALAM, KOZHIKODE-673001.

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R1 BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER R2-3 BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3615 of 2016 (B) ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- A TRUE COPY OF THE DOCUMENT NO.33 OF 1981. EXHIBIT P2- A TRUE COPY OF THE PROPERTY TAX PAID FOR 2015-16 IN RESPECT OF 52.75 CENTS IN RS 89/2. EXHIBIT P3- A TRUE COPY OF THE SPECIFICATION REPORT. EXHIBIT P3(A)- A TRUE COPY OF THE SITE PLAN OF THE PROPOSED COMMERCIAL BUILDING. EXHIBIT P4- A TRUE COPY OF THE ORDER DATED 22/01/2016 REJECTING THE REQUEST FOR BUILDING PERMIT. EXHIBIT P5- TRUE COPIES OF THE PHOTOGRAPHS.

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RESPONDENT(S)' EXHIBITS

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--------------------------------------NIL

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TRUE COPY

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SKS P.A TO JUDGE

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V.CHITAMBARESH, J.

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W.P (C) No.3615 of 2016

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Dated this the 26^th day of February, 2016

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JUDGMENT

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Ext.P4 order declining building permit was not preceded by

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a local inspection which was warranted. Ext.P4 order itself reflects that the property has not been included as a wet land in the draft data bank. The existence of buildings around is discernible from Ext.P5 series of photographs produced by the petitioner. The mere fact that the property has been described as a wet land in the possession certificate is no ground to decline the building permit sought.

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I quash Ext.P4 order and direct the second respondent to reconsider the application for building permit. The same shall

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be done with notice to the petitioner in the light of the observations made above within a period of one month.

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The writ petition is disposed of as above.

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V.CHITAMBARESH, Judge.

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sks

Sini Raj M.T v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sini Raj M.T v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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