Disposed

Shameem P.K. v. the Thodupuzha Municipality

Kerala HC16 Dec 2020WP(C)/11086/2017

Case brief

AI extract

What is this about?

The Court dismissed the writ petition regarding the rejection of a building permit application. It held that the petitioner can invoke Section 67 of the Kerala Town and Country Planning Act, 2016 by issuing a purchase notice to the Municipality, as the petitioner's land is earmarked for road widening without final acquisition.

What did the court decide?

The petitioner is free to invoke Section 67 of the Kerala Town and Country Planning Act, 2016 by issuing a purchase notice to the Municipality.

Shameem P.K. Vs the Thodupuzha Municipality — Municipal and Town Planning | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.11086 OF 2017(I)

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PETITIONER:

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SHAMEEM P.K., S/O KASSIM, AGED 59 YEARS,NADACKAL HOUSE, KANJIRAMATTOM BYE-PASS ROAD,THODUPUZHA.685 584.

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BY ADVS. SRI.BINOY VASUDEVAN SMT.K.J.ANITHA SMT.P.G.BABITHA

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RESPONDENTS:

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1 THE THODUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY,MUNICIPAL OFFICE, THODUPUZHA PO, 685 584.

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2 THE SECRETARY THODUPUZHA MUNICIPALITY,MUNICIPAL OFFICE, THODUPUZHA PO, 685 584.

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3 THE DISTRICT TOWN PLANNER OFFICE OF THE TOWN PLANNER,PAINAVU, IDUKKI, 685 581.

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4 THE LOCAL LEVEL MONITORING COMMITTEE FOR THODUPUZHA MUNICIPALITY REPRESENTED BY ITS CONVENOR,THE AGRICULTURAL OFFICER,KRISHI BHAVAN, THODUPUZHA.

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R1 BY SRI.UNNIKRISHNAN.V.ALAPATT,SC,TPA.MUNIC R1, R3 BY GOVERNMENT PLEADER R1 BY ADV. SRI.UNNIKRISHNAN.V.ALAPATTSCTPA.MUNIC

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S GOPINATHAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.11086 OF 2017(I)

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..2..

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JUDGMENT

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Dated this the 16th day of December 2020

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The petitioner submitted an application for building permit

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before the Thoudupuzha Municipality. This application was for the construction of a commercial building. The application has been rejected stating the following reasons:

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(i) As per the District Town Planning Scheme (DTP) the land is included in the Commercial/residential Zone.

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(ii) The road in front of the proposed site is included in the

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DTP Scheme for widening the width.

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In the counter affidavit filed by the District Town Planner, it is stated that the area is included in the mixed use zone and there is no difficulty for constructing a commercial/residential building.

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However, it is stated that the petitioner's plot has been

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earmarked for widening of Kanjiramattom Bye pass road and another portion is earmarked for the widening of the link road.

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WP(C).No.11086 OF 2017(I)

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..3..

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The petitioner submits that though such proposal exists,

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no action has been initiated by the Municipality to acquire the land

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belongs to the petitioner. It is submitted that the petitioner may be reserved the right to invoke Sec.67 of the Kerala Town and Country Planning Act, 2016 by issuing a purchase notice to the Municipality.

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Having considered the purport of Sec.67 of the Kerala Town and Country Planning Act, 2016, I am of the view that the petitioner is free to invoke the above provision by giving notice to the Municipality. The Municipality, on receipt of such notice, will have to act within 60 days as contemplated under the statutory

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provisions.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

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WP(C).No.11086 OF 2017(I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.660/2010 OF S.R.O THODUPUZHA. EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THODUPUZHA VILLAGE. EXHIBIT P4 TRUE COPY OF THE LOCATION MAP OF THE PROPERTY OF THE PETITIONER PREPARED BY THE VILLAGE OFFICER, THODUPUZHA. EXHIBIT P5 TRUE COPY OF THE AGREEMENT WAS EXECUTED BETWEEN THE PETITIONER'S FATHER AND THE THEN COMMISSIONER OF THE 1ST RESPONDENT MUNICIPALITY. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 6.12.2017 IN W.P.(c)NO.9536/2017

Shameem P.K. v. the Thodupuzha Municipality

Case brief

What is this about?

What did the court decide?

Shameem P.K. v. the Thodupuzha Municipality

Case brief

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What did the court decide?

What the court decided

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