Disposed

Jaffer v. Palakkad Municipality

Kerala HC6 Jun 2017WP(C)/1942/2017

Case brief

AI extract

What is this about?

The Court directed the Palakkad Municipality to afresh consider the petitioners' building permit application under the Kerala Municipality Building Rules, 1999, within one month, setting aside the rejection order and acknowledging the area's commercial zoning.

What did the court decide?

Exhibit P6 set aside; Municipality directed to consider building permit application afresh within one month.

Jaffer Vs Palakkad Municipality — Municipal and Town Planning | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939

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WP(C).No. 1942 of 2017 (P) ---------------------------

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PETITIONER(S):-

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1. JAFFER "F.R. MANZIL", MANAVAL ROAD, KALMANDAPAM 678 001.

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2. SAITHOON, "F.R. MANZIL", MANAVAL ROAD, KALMANDAPAM 678 001.

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3. FIROSE, "F.R. MANZIL", MANAVAL ROAD, KALMANDAPAM 678 001.

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4. RAJEESH, "F.R. MANZIL", MANAVAL ROAD, KALMANDAPAM 678 001.

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BY ADVS.SRI.K.P.VIJAYAN SRI.V.N.HARIDAS

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RESPONDENT(S):-

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1. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD.

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3. THE MUNICIPAL ENGINEER, PALAKKAD MUNICIPALITY, PALAKKAD.

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4. REGIONAL TOWN PLANNER, TOWN PLANNING OFFICE, PALAKKAD.

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R1 TO R3 BY ADVS. SRI.T.C.SURESH MENON

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SRI.P.S.APPU SRI.A.R.NIMOD

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R4 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1942 of 2017 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-----------------------EXHIBIT P1 A TRUE COPY OF THE RECEIPT DTD. 29.09.2016. EXHIBIT P2 A TRUE COPY OF POSSESSION CERTIFICATE DATED 17.11.2016. EXHIBIT P3 A TRUE COPY OF TITLE DEED DATED 11.04.2011. EXHIBIT P4 A TRUE COPY OF THE REJECTION ORDER DATED 09.01.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPIES OF THE PHOTOGRAPHS EXHIBITING THE PETROL PUMP FUNCTIONING AT THE PROPERTY.

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RESPONDENT(S)' EXHIBITS:------------------------NIL.

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Vku/[ true copy ]

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K. Vinod Chandran, J

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--------------------------------------------W.P(C) No.1942 of 2017-P

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---------------------------------------------Dated, this the 06^th day of June, 2017

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JUDGMENT

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The petitioners applied for a building permit for a commercial construction in their property having an extent of 0.0708 Ares in Survey No.1477/1C of Palakkad II Village in Palakkad Taluk. The Municipality rejected the same by Exhibit P4,

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stating that there was a Detailed Town Planning Scheme [for brevity “DTP Scheme”] earmarking the area for commercial use and also noticing a road widening.

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As of now, the National Highway has been widened and the petitioners' property has not been acquired. The learned Standing Counsel for the Municipality submits that a new draft DTP Scheme has been framed by the Municipality under the Kerala Town and Country Planning Act, 2016 and the area in which the petitioners' property is situated is reserved for commercial purpose.

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WP(C) No.1942 of 2017

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In the light of the above, there could be no impediment for the Municipality to consider the building permit application afresh. Exhibit P6 is set aside. The Municipality would consider the application in accordance with the Kerala Municipality Building Rules, 1999, within a period of one month from the date of receipt of a certified copy of this judgment.

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The writ petition is disposed of as above. No costs.

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Sd/K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

Jaffer v. Palakkad Municipality

Case brief

What is this about?

What did the court decide?

Jaffer v. Palakkad Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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