Remanded

Kozhikkattil Abdul Latheef v. State of Kerala

Kerala HC28 Oct 2020WP(C)/15480/2020

Case brief

AI extract

What is this about?

In a writ petition regarding construction extension permissions, the Court directed the District Collector to forward the petitioner's request to the Union Government for a decision on whether a No Objection Certificate is required, and directed the Corporation to complete the process within specified timelines.

What did the court decide?

Directing the 6th respondent to forward the request to the 2nd respondent for a decision within three weeks, followed by a hearing within eight weeks.

Kozhikkattil Abdul Latheef Vs State of… — Constitutional and Fundamental Rights | 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 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942

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WP(C).No.15480 OF 2020(H)

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PETITIONER:

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KOZHIKKATTIL ABDUL LATHEEF AGED 62 YEARS S/O ALASSANKUTTY, KOZHIKKATTIL, KARIPARAMBU, TIRURANGADI P.O.MALAPPURAM -676 306.

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BY ADVS. SRI.PRAVEEN K. JOY SRI.E.S.SANEEJ SMT.M.K.SAMYUKTHA SMT.BEENA JOSEPH SHRI.DEEPU RAJAGOPAL

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RESPONDENTS:

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1 STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

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2 UNION OF INDIA, REP BY SECRETARY, DEFENSE MINISTRY, PARLIAMENT, NEW DELHI-110 001.

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3 DISTRICT COLLECTOR, KOZHIKODE -673 020.

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4 KOZHIKODE MUNICIPAL CORPORATION, KOZHIKODE -673 032. REP BY ITS SECRETARY.

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5 THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION, KOZHIKODE-673 032. 6 THE STATION COMMANDANT, BRANCH RECRUITING OFFICE, STATION CELL CALICUT, HILL BARRACKS, WEST HILL P.O.KOZHIKODE-673 005. BY SRI.RAJAGOPALAN.A., CGC BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL CORPORATION ADV. SRI. S GOPINATHAN SR GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15480 OF 2020(H)

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JUDGMENT

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Dated this the 28th day of October 2020

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The petitioner obtained a building permit from Kozhikode Corporation. Ext.P2 is the building permit. Thereafter, the petitioner undertook construction upto 3^rd floor. The petitioner now seeks an additional construction above the existing building. The petitioner approached the Secretary of Kozhikode Corporation by Ext.P6. This was for permission or certification stating that building is below 16 meters. In this matter a statement has been filed on behalf of the Corporation. In paragraph 4 and 5 it is stated as follows:-

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“ It may be noted that going by R.7(5) of the KMBR, what is required is that if any construction or extension of Building or extension of a building or enlargement of any structure is made within a distance of 100 meters from any property maintained by the Defence establishment, the Secretary is bound to consult the Officer-in-Charge of the said establishment before the permission is granted. Admittedly in the instant case, as the property of the petitioner is having more than 100 meters from the Defence Establishment, No Objection Certificate from the Defence Establishment is not at all required as stipulated in the Kerala Municipality Building Rules.

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It is further submitted that as per the approved plan, the total plinth area of the building is 1792.92m2 and the height of the building is 15.53 meters only. Therefore it is clear that the building permit was issued by these

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WP(C).No.15480 OF 2020(H)

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respondents in compliance with the provisions of KMBR and hence there is no illegality. It is also not known to these respondents as regarding the circumstances in issuing Ext.P5 by the 6^th respondent when it is clear that no objection certificate is not required in the matter. These respondents have not issued any orders to the Petitioner so far prohibiting the construction also.”

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2 . The learned Central Government Counsel submitted with

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reference to the counter affidavit that without permission from the 2^nd respondent the building cannot be constructed beyond 4^th floor. It is submitted that existing structure including ground floor is having four floors.

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In the light of facts and circumstances, I am of the view that the 2^nd respondent shall take a decision in this matter. The 6^th respondent is directed to forward the request submitted by the petitioner for approval of the 2^nd respondent -the Union Government. The Corporation shall do the needful within a period of three weeks. Thereafter, the 6^th respondent shall take a decision in this matter within a further period of eight weeks after hearing the petitioner and the Corporation.

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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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JUDGE

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SAS/28/10/2020

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WP(C).No.15480 OF 2020(H)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 27.5.2019 EXHIBIT P2 THE TRUE PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY THE SUPERINTENDING ENGINEER DATED 9.3.2015 WITH ENDORSEMENT DATED 17.9.2019 OF KOZHIKODE MUNICIPAL CORPORATION EXHIBIT P3 THE TRUE COPY OF NO OBJECTION CERTIFICATE DATED 20.12.2014 OF FIRE AND RESCUE SERVICES , KOZHIKODE. EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC 16245/14 DATED 9.10.2018 OF THIS HON'BLE COURT. EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 11.7.2020 OF THE 6TH RESPONDENT EXHIBIT P6 THE TRUE COPY OF THE PETITION DATED 16.7.2020 RECEIVED BY KOZHIKODE CORPORATION ON 17.7.2020 EXHIBIT P7 THE TRUE COPY OF THE RECEIPT OF KOZHIKODE CORPORATION DATED 17.7.2020 RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE

Kozhikkattil Abdul Latheef v. State of Kerala

Case brief

What is this about?

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Kozhikkattil Abdul Latheef v. State of Kerala

Case brief

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What did the court decide?

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