The High Court of Kerala quashed an order by the District Town Planner denying a building permit. The Court held that the Town Planner lacked jurisdiction under the 1999 Rules and remitted the application to the Municipal Secretary.
Ext.P6 quashed; Secretary of Municipality directed to consider the application within one month.
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 SHAJI P.CHALY
WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940
WP(C).No. 109 of 2019
PETITIONER:
T.V.NARAYANAN AGED 61 YEARS S/O.T.K.VENKATESWARAN, SUR VEENA SAAZ, 406, VIDEOCON TOWER LAYOUT, THAKUR COMPLEX, KANDIVALI EAST, MUMBAI 400 101, PRESENTLY AT 7/590, NEAR SIVAN KOVIL STREET, THAREKKAD, PALAKKAD.
BY ADVS. SRI.JACOB SEBASTIAN SMT.ANU JACOB SRI.K.V.WINSTON
RESPONDENTS:
1 PALAKKAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD - 678 001.
2 THE REVENUE DIVISIONAL OFFICER PALAKKAD, PIN - 678 001.
3 THE LOCAL LEVEL MONITORING COMMITTEE FOR PALAKKAD MUNICIPALITY CONSTITUTED UNDER THE CONSERVATION OF PADDY AND WETLAND ACT REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, PALAKKAD - 678 001.
4 THE DISTRICT TOWN PLANNER OFFICE OF THE DISTRICT TOWN PLANNER, CIVIL STATION, PALAKKAD, PIN - 678 001.
BY ADV. R1-SRI.T.C.SURESH MENON, SC
R2 TO R4- SRI.MANURAJ.K.J,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 109 of 2019
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JUDGMENT
Petitioner and his wife are the owners in possession
of an extent of 8 cents of land situate in old Survey No.2890/3, within the limits of the 1st respondent, Municipality. According to the petitioner, petitioner has secured Ext.P2 permission from the Revenue Divisional Officer as early as in 29.5.1992, for utilization of the property for other purposes, other than paddy cultivation and agricultural operations. Even though a compound wall was constructed and the land was developed, construction of the residential building could not be carried out, since the petitioner was away in connection with the employment. Anyhow, the property was included in the data bank, constituted as per the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the Act, 2008').
the said application. Thereafter, the Local Level
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Monitoring Committee considered the said application and has decided as per Ext.P5 to remove the property from the data bank. The immediate grievance pointed out by the petitioner in this writ petition is that, when a building permit application was submitted before the Secretary of the 1st respondent Municipality, the same was forwarded to the Town Planner and the Town Planer has declined the permission as per Ext.P6 order dated 10.12.2018, assigning various reasons under Act, 2008. It is thus challenging Ext.P6 and seeking other consequential reliefs, this writ petition is filed.
learned Government Pleader as well as the Learned Standing Counsel appearing for the 1st respondent Municipality and perused the pleadings and the documents on record.
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considered view, there was no reason for the Secretary of
the Municipality to forward the application for
construction of the nature sought for by the petitioner, to the District Town Planner and the District Town Planner is not vested with any powers under Rules, 1999 to entertain any such reference, and direct the Secretary of the
Municipality to take any action in the application submitted by the petitioner.
opinion that, Ext.P6 suffers from the vice of
arbitrariness and illegality and susceptible to be interfered by this Court, under Article 226 of the Constitution of India. Therefore, I quash Ext.P6 and direct the Secretary of the Municipality to consider the application submitted by the petitioner, in accordance with law, also taking into account, Exts.P2 and P5 orders passed
by the statutory authorities, referred to above, at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment. Before parting with the judgment, I record the submission made by the learned
Government Pleader that in accordance with the instructions received from the statutory authorities, the property in
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question is part of a sanctioned master plan, prevailing in the Municipality. This is recorded.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
ska 28.1.19
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY DATED 13/10 |
OF THE /2017 R |
POSSESSION CERTIFICATE ELATING TO THE PLOT. |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY DATED MAY 2 RESPONDENT. |
OF THE 9,1992 |
ORDERS IN THIS REGARD ISSUED BY THE 2ND |
| EXHIBIT P3 | A TRUE COPY 2018 ISSUED |
OF THE BY THE |
ORDER DATED JANUARY 29, 1ST RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY 2018 IN WPC COURT. |
OF THE 7643/2 |
JUDGMENT DATED JULY 6, 018 OF THIS HONOURABLE |
| EXHIBIT P5 | A TRUE COPY 31, 2018 IS MONITORING MUNICIPALIT |
OF THE SUED BY COMMITT Y. |
CERTIFICATE DATED JULY THE LOCAL LEVEL EE FOR PALAKKAD |
| EXHIBIT P6 | A TRUE COPY 10,2018 ISS |
OF THE UED BY |
ORDER DATED DECEMBER THE FOURTH RESPONDENT. |
2 issues framed by the court
Whether the District Town Planner was authorized under the Kerala Municipality Building Rules, 1999 to entertain the reference and decline the building permit application.
Whether the order declining permission (Ex.P6) suffered from arbitrariness and illegality under Article 226 of the Constitution.
3 provisions across 3 enactments
T.V. Narayanan
Palakkad Municipality
The Revenue Divisional Officer Palakkad
The Local Level Monitoring Committee for Palakkad Municipality
The District Town Planner Office
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
