Allowed

Lubina S Muhammed v. the State of Kerala

Kerala HC7 Nov 2019WP(C)/14164/2018

Case brief

AI extract

What is this about?

The court allowed a writ petition challenging the rejection of a building permit. Citing the non-implementation of the Cochin Structural Plan in a prior judgment, the court set aside the rejection and directed the Municipality to reconsider the application within one month, ignoring the Agricultural Zone classification.

What did the court decide?

Impugned order set aside; Municipality directed to reconsider application within one month, disregarding Structural Plan stipulations.

Lubina S Muhammed Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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WP(C).No.14164 OF 2018(U)

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PETITIONER:

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LUBINA S MUHAMMED, AGED 33 YEARS, D/O. SAITHU MUHAMMED KUNJU,'NOURIN VILLA', RATE 51 A, KARIMAKKAD PADANATTU PARAMBU ROAD, THRIKKAKKARA - 682 021.

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE THRIKKAKKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KAKKANAD, KOCHI - 30.

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3 THE SECRETARY, THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE, KAKKANAD, KOCHI - 30.

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4 THE MUNICIPAL ENGINEER THRIKKAKKARA MUNICIPALITY, MUNICIPAL OFFICE, KAKKANAD, KOCHI - 30.

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SRI.G.G.MANOJ, SC. G.P. SRI SYAMJIRAM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14164 OF 2018(U)

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JUDGMENT

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The petitioner has approached this Court impugning Ext.P5 communication issued by the respondent-Municipality, as per which, her application for building permit has been rejected for the reason that her property has been included in the Cochin Structural Plan, as part of an “Agricultural Zone”.

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The petitioner says that various other persons have approached this Court and obtained judgments, wherein, this Court has already found that the Structural Plan has not been implemented until now. The petitioner cites for support the judgment in State of Kerala v Earthspace Builders and Developers (Writ Appeal No.559/2016) and therefore, prays that Ext.P5 be set aside and Thrikkakkara Municipality be directed to reconsider her application for permit immediately.

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The learned standing counsel appearing for the Thrikkakkara Municipality submits that it is true that in the judgment in the afore cited Writ Appeal, it has been found that the Structural Plan for Kochi has not been implemented so far and that a number of schools, colleges, commercial establishments and residential houses have already been constructed in the said area. He confirms that the area covered by the said judgment is the same as one that is involved in this case.

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WP(C).No.14164 OF 2018(U)

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Taking note of the afore submissions and being guided by the judgment in Writ Appeal No.559/2016, I allow this writ petition and set aside Ext.P5; and consequentially direct the competent Authority of the Municipality to take up the petitioner's application and reconsider the same, de hors the stipulations in the Structural Plan and issue appropriate orders thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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Stu

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WP(C).No.14164 OF 2018(U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE LAND TAX RECEIPT DATED 24.11.2017 EVIDENCING THE PAYMENT OF TAX

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EXHIBIT P2. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.11.2017 ISSUED BY THE VILLAGE OFFICER, KAKKANAD

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EXHIBIT P3. TRUE COPY OF THE LOCATION SKETCH IN RESPECT OF THE PROPERTY OF THE PETITIONER

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EXHIBIT P4. TRUE COPIES OF THE PHOTOGRAPHS EVIDENCING THE NATURE AND LIE OF THE PROPERTY

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EXHIBIT P5. TRUE COPY OF THE NOTICE DATED 16.03.2018 OF THE 3RD RESPONDENT

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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P.A TO JUDGE.

Lubina S Muhammed v. the State of Kerala

Case brief

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Lubina S Muhammed v. the State of Kerala

Case brief

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