, the Court directed the Municipality to reconsider the building permit application under the new 2015 master plan within one month and reserved liberty for the petitioners to challenge any subsequent rejection based on the master plan.
Reconsideration of application under new master plan within one month; liberty to challenge future rejection reserved.
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
THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938
WP(C).No. 646 of 2014 (E)
PETITIONERS-:
1. JOHN KURIAN, AGED 52, S/O.KURIAN, KALLARACKAL HOUSE, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR P.O. - 683 542.
2. RAMANI KURIAN, AGED 75, W/O.KURIAN, KALLARACKAL HOUSE, PERUMBAVOOR KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR P.O. - 683 542.
BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR).
RESPONDENTS:-:
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR - 683 542.
3. CHIEF TOWN PLANNER, SOUTH SANDWICH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 & R3 BY SR. GOVT. PLEADER SRI.K.J. MANURAJ. R2 BY ADV. SRI.V.M.KURIAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 646 of 2014 (E)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXHIBIT P1. | TRUE COPY OF THE PARTITION DEED NO.5542 DATED 20.10.2011 OF PERUMBAVOOR SUB REGISTRY OFFICE. |
|---|---|
| EXHIBIT P2. | TRUE COPY OF ORDER B.A.NO.228/2013-14 ISSUED BY 2ND RESPONDENT DATED 17.12.2013. |
| EXHIBIT P3. | TRUE COPY OF JUDGMENT IN W.P.(C)21363/2012 DATED 05.10.2012 OF THIS HON'BLE COURT. |
| EXHIBIT P4. | TRUE COPY OF JUDGMENT IN W.P.(C)30619/2012 DATED 08.01.2013 OF THIS HON'BLE COURT. |
| EXHIBIT P5. | TRUE COPY OF JUDGMENT IN W.P.(C).30622/2012 OF THIS HON'BLE COURT DATED 08.01.2013. |
| EXHIBIT P6 | TRUE COPY OF THE JUDGMENT IN WP(C).NO.9788/2012 DATED 17/07/2013 OF THIS HON'BLE COURT. |
| EXHIBIT P7 | TRUE COPY OF THE JUDGMENT IN WP(C).NO.11528/2013 DATED 22/07/2013 OF THIS HON'BLE COURT. |
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT IN WP(C).NO.12098/2013 OF THIS HON'BLE COURT DATED 29/05/2013. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
-----------------------------------------W.P.(C) No. 646 of 2014 (E)
-----------------------------------------Dated: 15th December, 2016
J U D G M E N T
The petitioners in the above writ petition are aggrieved by the rejection of application for building permit. The objection raised by the Municipality was on account of the fact that there was a master plan existing as of 1998, which stood against the grant sought for by the petitioners. The learned Counsel for the petitioners would submit that there is, as of now, a new master plan devised by the Municipality in the year 2015.
W.P.(C) No. 646/2014
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circumstance, as of now, it would suffice, as conceded to by the learned Counsel for the petitioners, that the Municipality consider the application made by the petitioners under the new master plan.
W.P.(C) No. 646/2014
-3-
The writ petitions are disposed of as above. No
Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 15/12/16
2 issues framed by the court
Whether the municipality must reconsider the building permit application under the new 2015 master plan.
Whether the petitioners retain liberty to challenge any future rejection based on the master plan.
JOHN KURIAN
RAMANI KURIAN
STATE OF KERALA
PERUMBAVOOR MUNICIPALITY
CHIEF TOWN PLANNER
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
