Disposed

Sasikumar.M v. Kozhikkode Muncipal Corporation

Kerala HC18 Dec 2020WP(C)/1439/2020

Case brief

AI extract

What is this about?

Petitioner applied for a building permit which remained undecided as the proposed commercial construction was allegedly non-permissible under zoning regulations. Court directed the Corporation Secretary to take a final decision within three weeks by addressing the issue of potential discrimination among landholders.

What did the court decide?

The Secretary of the Corporation is directed to take a final decision within three weeks after considering the petitioner's submssions regarding zoning consistency.

Sasikumar.M Vs Kozhikkode Muncipal Corporation — 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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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

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WP(C).No.1439 OF 2020(D)

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PETITIONER:

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SASIKUMAR.M AGED 67 YEARS S/O.LATE M.BALAKRISHNAN, RETIRED BANK EXECUTIVE, RESIDING AT HOUSE NO.17/634 A, SHALINA HOUSE, OPP.SABHA SCHOOL, PUTHIYARA P.O., KOZHIKODE-673 004.

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BY ADVS. SRI.K.MADHUSOODANAN SRI.P.P.MADHUSUDANAN SRI.T.G.PAUL SRI.MATHEW JACOB (KUNNATHU) SRI.SYRIAC JOSEPH

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RESPONDENTS:

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1 KOZHIKKODE MUNCIPAL CORPORATION REPRESENTED BY ITS SECRETARY, BEACH ROAD, KOZHIKKODE673 032.

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2 THE SECRETARY, KOZHIKKODE MUNICIPAL CORPORATION, BEACH ROAD, KOZHIKKODE-673 032.

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3 THE REGIONAL TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CHAKKORATHUKULAM, KOZHIKKODE-673 032.

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R1-2 BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL CORPORATION

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BY ADV. SMT. G RANJITA GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1439 OF 2020(D)

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JUDGMENT

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Dated this the 18th day of December 2020

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The petitioner submitted an application for building permit.

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The application has not been considered so far. Apparently, it is not considered for the reason that commercial construction proposed by the petitioner is not permissible under zoning regulation. However, the learned counsel for the petitioner points out Exts.P7 and P9 photographs to prove that the commercial constructions are allowed. If any commercial constructions are allowed in this area, there cannot be discrimination among the different land holders. Anyway, the Corporation has not taken final decision in this matter.

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The Secretary of the Corporation is directed to take a final decision in this matter, after adverting to the observation as above, within three weeks from the date of receipt of a certified copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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SAS/18/12/2020

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JUDGE

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WP(C).No.1439 OF 2020(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PROPERTY WITH TR	LOCATION SKETCH OF THE ANSLATION
EXHIBIT P2	TRUE COPY OF THE 22.06.2019 WITH	TAX RECEIPT DATED TRANSLATION
EXHIBIT P3	TRUE COPY OF THE DATED 22.06.2019	POSSESSION CERTIFICATE WITH TRANSLATION
EXHIBIT P4	TRUE COPY OF THE 07.08.2019 ALONG PROPOSED BUILDIN	APPLICATION DATED WITH SITE PLAN OF THE G.
EXHIBIT P5	TRUE COPY OF THE	RECEIPT DATED 08.08.2019.
EXHIBIT P6	TRUE COPY OF THE CORPORATION DATE	ORDER ISSUED BY THE D 27.11.2019.
EXHIBIT P7	TRUE COPY OF THE NEIGHBORING COMM LOCATION OF THE	PHOTOGRAPHS SHOWING THE ERCIAL BUILDINGS IN THE PETITIONER'S PROPERTY.
EXHIBIT P8	TRUE COPY OF THE 21238/2016.	JUDGMENT IN WPC
EXHIBIT P9	PHOTOGRAPH NEW C	OMMERCIAL SHOPPING COMPLEX
EXHIBIT P10	COPY OF THE JUDG DATED 14.6.2011 OF KERALA	MENT INWA NO 1731/2008 OF THE HON'BLE HIGH COURT
RESPONDENTS' EXHIBITS:-	NIL	//TRUE COPY// P.A. TO JUDGE

Sasikumar.M v. Kozhikkode Muncipal Corporation

Case brief

What is this about?

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Sasikumar.M v. Kozhikkode Muncipal Corporation

Case brief

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What did the court decide?

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