Remanded

Ajina A.S. v. the District Collector

Kerala HC4 Dec 2020WP(C)/16068/2020

Case brief

AI extract

What is this about?

Petitioner sought to set up a petrol outlet in dry agricultural zone. Court directed Municipal Council to decide on Special Committee's recommendation allowing the filling station within two months, followed by Government decision within two months.

What did the court decide?

Directed Municipal Council to decide on recommendation allowing fuel filling station in two months; Government to decide within two months thereafter.

Ajina A.S. Vs the District Collector — 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 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942

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WP(C).No.16068 OF 2020(G)

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PETITIONER:

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AJINA A.S. AGED 28 YEARS W/O. SAJEER.S,SATHAMKONAM, MEKUMKARA, THADATHARIKATHU VEEDU, POOVACHAL, THIRUVANANTHAPURAM.

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BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SHRI.ARUN KRISHNA

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, KUDUPPANAKKUNNU, THIRUVANANTHAPURAM695043,

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2 THE MUNICIPAL SECRETARY, NEDUMANAGD MUNICIPALITY, NEDUMANGAD-695541,

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3 THE NEDUMANGAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, NEDUMANGAD MUNICIPALITY, NEDUMANGAD-695541.

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4 THE TOWN PLANNER DISTRICT TOWN PLANNER OFFICE, HOUSE BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM - 695001.

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5 ADDL.R5.PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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IS IMPLEADED AS PER ORDER DATED 16-10-20 IN IA 1/20.

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BY ADV. SRI. S GOPINATHAN SR GP R4 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16068 OF 2020(G)

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JUDGMENT

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Dated this the 4th day of December 2020

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The petitioner is proposing to establish a petroleum retail outlet in re-survey No.57/6 of Karipur Village of Nedumangad Municipality.

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A master plan has been prepared as 'Nedumangad Master Plan' under the Kerala Town and Country Planning Act, 2016. The draft was approved on 14.10.2019.

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As per the draft master plan, the

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petitioner's area is treated as dry agricultural land zone. In dry agricultural land zone fuel filling station is not permitted.

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The Special Committee constituted in Nedumangad Municipality considered the

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objections and suggestions. The Special Committee recommended for the construction of fuel filling station within Nedumangad Master Plan.

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WP(C).No.16068 OF 2020(G)

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Next procedure is that, recommendation

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has to be placed before the Nedumangad Municipal Council. The Municipal Council has to take a decision on the recommendation and thereafter forward the same to the Government.

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Having considered the facts and

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circumstances, I am of the view that, the Nedumangad Municipal Council shall take a decision on the recommendation of the Special Committee, to allow setting up of the fuel filling station in dry agricultural land zone within a period of two months.

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If the Municipal Council recommends the Government to allow setting up of fuel filling station within the dry agricultural land zone, the Government thereon, shall take a decision within a further period of two months. The petitioner's application for the building permit would depend upon the decision of the Government as above.

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WP(C).No.16068 OF 2020(G)

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The writ petition is disposed of

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accordingly.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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SKP

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WP(C).No.16068 OF 2020(G)

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APPENDIX

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PETITIONER'S	EXHIBITS	:
EXHIBIT P1		COPY OF THE SALE DEED NO.3417/2018 DATED 13.12.2018.
EXHIBIT P2		COPY OF SALE DEED NO.3416/2018 DATED 13.12.2018.
EXHIBIT P3		COPY OF THE SALE DEED NO.3439/2018 DATED 17.12.2018.
EXHIBIT P4		COPY OF THE LETTER OF INTENT GIVEN BY OIL COMPANY DATED 30.03.2019.
EXHIBIT P5		COPY OF THE REPORT GIVEN BY THE TAHSILDAR, NEDUMANGAD DATED 16.10.2019
EXHIBIT P6		COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, DATED 14.02.2020.
EXHIBIT P7		COPY OF THE APPLICATION FOR LAY OUT APPROVAL DATED 10.12.2019 BEFORE THE 4TH RESPONDENT.
EXHIBIT P8		COPY OF THE REJECTION LETTER ISSUED BY THE 4TH RESPONDENT DATED 3.3.2020.
EXHIBIT P9		COPY OF THE GO NO.121/2019/LSGD DATED 14.10.2019.
EXHIBIT P10		COPY OF THE RELEVANT PAGES OF THE GAZETTE DATED 10.12.2019.
EXHIBIT P11		COPY OF THE OBJECTION GIVEN BY THE PETITIONER DATED 13.3.2020.
EXHIBIT P12		COPY OF THE APPLICATION FOR BUILDING PERMIT BEFORE THE 2ND RESPONDENT DATED 28.7.2020.
RESPONDENT'S	EXHIBITS	: NIL

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TRUE COPY P.A. TO JUDGE

Ajina A.S. v. the District Collector

Case brief

What is this about?

What did the court decide?

Ajina A.S. v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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