Allowed

Gopalakrishnan v. Thalassery Municipality

Kerala HC7 Jun 2017WP(C)/614/2017

Case brief

AI extract

What is this about?

The Court directed the Local Authority to consider the petitioner's building permit application in accordance with the Kerala Municipality Building Rules, 1997, disregarding an obsolete Town Planning Scheme. The rejection order was set aside.

What did the court decide?

Ext.P3 set aside; direction to consider building permit application under Kerala Municipality Building Rules, 1997 within two months.

Gopalakrishnan Vs Thalassery Municipality — Pension and Retirement Benefits | 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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WEDNESDAY, THE 7TH DAY OF JUNE 2017/17TH JYAISHTA, 1939

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WP(C).No. 614 of 2017 (B)

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PETITIONER(S) :

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GOPALAKRISHNAN,

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S/O.BALAN NAIR, AGED 53 YEARS, CHIRIKANDOTH HOUSE, P.O.OLAVILAM, THALASSERY, PIN-673 313.

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BY ADV. SRI.G.ANEESH

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RESPONDENT(S) :

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1. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THALASSERY-678 001.

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2. THE DISTRICT TOWN PLANNING OFFICER, THALASSERY, CIVIL STATION, THALASSERY-678 001.

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3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM, PIN-695 001.

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R1 BY ADV. SRI.I.V.PRAMOD, S.C

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R2 & R3 BY GOVERNMENT PLEADER SMT. RAJI T.BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 614 of 2017 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24-09-2016 ISSUED BY THE VILLAGE OFFICER, THIRUVANGADU VILLAGE.

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EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT CERTIFICATE DATED 22-07-2016 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 15-12-2016 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 12-06-2012 IN W.P(C).NO. 25284/2011.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K.VINOD CHANDRAN, J.

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W.P.(C)No.614 of 2017

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Dated this the 7^th day of June, 2017

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JUDGMENT

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The petitioner is aggrieved with the rejection of building permit application as per Ext.P3 dated 15.12.2016. The petitioner is in possession of 0.0418 hectres of land in Re.Sy.No.12/1 of Thiruvangad Village, Thalassery Taluk. The petitioner applied for a permit for constructing a residential building which was declined as per Ext.P3. The Local Authority has stated that as per the Development Plan for Talassery Town (Part Variation 2007) the area is earmarked as agricultural zone.

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The learned counsel appearing for the petitioner

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contends that an adjacent property very near to the petitioner's property had a similar problem in which there was a direction issued as per Ext.P4 directing the consideration of the building permit de hors the Detailed Town Planning (DTP) Scheme. Therein also the specific contention of the Municipality was that the construction is proposed in a locality included in the agricultural zone as per the Part Variation

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..2..

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W.P.(C)No.614/2017

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Scheme, 2007. This Court by Ext.P4 found that the rights of the private land owners cannot be deprived on the basis of such obsolete Town Planning Schemes which are kept pending without implementation for long. This Court also relied on Padmini v. State of Kerala (1999 (3) KLT 465) of a Division Bench of this Court and Raju S.Jethmalani v. State of Maharashtra and others (2005 (11) SCC 222) of the Hon'ble Supreme Court. In the circumstances following Ext.P4 there shall be a similar direction in the present case directing the petitioner's building permit application to be considered in accordance with the Kerala Municipality Building Rules, 1997, within a period of two months from the date of receipt of a certified copy of this judgment. Ext.P3 is set aside to facilitate such consideration.

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The writ petition is disposed of.

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Sd/- K.VINOD CHANDRAN, JUDGE

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skj

Gopalakrishnan v. Thalassery Municipality

Case brief

What is this about?

What did the court decide?

Gopalakrishnan v. Thalassery Municipality

Case brief

What is this about?

What did the court decide?

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