High Court closed the writ petition where the petitioner admitted the building permit application was rejected. The Court directed the petitioner to file an appeal in the appropriate forum to challenge the rejection order, ensuring jurisdictional limits are respected.
Writ petition closed without prejudice to right to challenge rejection order in appropriate forum.
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 ANIL K.NARENDRAN
FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
WP(C).No. 1392 of 2019
PETITIONER:
BINDHU.K AGED 45 YEARS D/O LATE K.KUMARAN, KOVUMMAL (H), 10/539, S.S.ROAD, CHIRAKKARA, THALASSERY, KANNUR DISTRICT, PIN-670 104.
BY ADVS. SRI.JOHN K.GEORGE SMT.C.P.ROOPA SMT.M.B.SHYNI SRI.DEEPAK RAJ
RESPONDENTS:
BY ADV. SRI.I.V.PRAMOD SMT RAJI T BHASKAR - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.1392 of 2019
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J U D G M E N T
The petitioner, who is the owner of a property
having an extent of 7 cents comprised in re-survey
No.5/2 of Thiruvangad Village covered by Ext.P1 tax receipt and Ext.P2 possession certificate, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent [wrongly stated as the 2nd respondent in relief No.(i)] to consider the application referred to in Ext.P5 receipt dated 18.12.2018, without any delay and allow the same.
up for admission, the learned Government Pleader
took notice for respondents 1 and 2. Urgent notice by speed post was ordered to respondents 3 to 5, returnable in two weeks.
W.P.(C)No.1392 of 2019
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serve notice on respondents 3 to 5. However, respondents 3 and 4 enters appearance through the learned Standing Counsel.
would submit that the application for building permit, referred to in Ext.P5 receipt dated 18.12.2018 has already been rejected by the 3rd respondent Municipality and that, the petitioner has to challenge the said order in appropriate
proceedings. Therefore, this writ petition may be closed, without prejudice to the right of the petitioner to challenge that order in appropriate proceedings.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is closed, without prejudice to the right
of the petitioner to challenge before the
appropriate forum, the order of the 3rd respondent
W.P.(C)No.1392 of 2019
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Municipality, whereby the application for building permit made by the petitioner, referred to in Ext.P5 receipt, stands rejected.
Sd/-
ANIL K.NARENDRAN JUDGE
ami/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 23.4.2018.
EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3.2.2018 ISSUED BY THE THIRUVANGAD VILLAGE TO THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE REJECTION ORDER DATED 26.2.2018 BY THE 5TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER NO:TB(3) 19/18 (1) BY THE DISTRICT LEVEL AUTHORISED COMMITTEE. EXHIBIT P5 A TRUE COPY OF THE RECEIPT OF THE APPLICATION BEFORE THE 2ND RESPONDENT DATED 18.12.2018.
3 issues framed by the court
Whether the writ petition should be allowed or closed when the petitioner admits the application for building permit was already rejected and appropriate proceedings are pending.
Whether a developer can bypass the challenge to the already rejected building permit application by approaching the High Court.
Whether the petitioner has to challenge the order of rejection before the appropriate forum.
Bindhu.K
State of Kerala
District Town Planning Officer
Thalassery Municipality
The Secretary Thalassery Municipality
The Assistant Engineer
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
