Allowed

Zubeda Ibrahim v. State of Kerala

Kerala HC21 Dec 2020WP(C)/17919/2020

Case brief

AI extract

What is this about?

The writ petition challenging the rejection of a building permit application on grounds of land classification in an industrial zone was disposed of. The court observed that commercial buildings with larger areas were permitted in adjacent plots under the same development plan.

What did the court decide?

Impugned order setting aside the application for building permit rejected on the grounds of industrial zone classification was set aside. Petitioner is directed to have application reconsidered within

Zubeda Ibrahim Vs State of Kerala — Municipal and Town Planning | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

¶5

WP(C).No.17919 OF 2020(L)

¶6

PETITIONER:

¶7

ZUBEDA IBRAHIM, EZAN MANZIL, GCDA, ALTHARA ROAD, THOTTAKKATTUKARA, ALUVA, ERNAKULAM-683 108.

¶8

BY ADVS. SRI.M.R.NANDAKUMAR SMT.RESHMA DAS SMT.MAYIKA SUNDAR SMT.NAINA CATHERINE BENNY

¶9

RESPONDENTS:

¶10

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

¶11

2 THE REGIONAL TOWN PLANNER, TOWN PLANNING OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

¶12

3 THE TOWN PLANNING OFFICER, COCHIN CORPORATION, CORPORATION OFFICE, ERNAKULAM, COCHIN-682 011.

¶13

4 THE COCHIN CORPORATION, REP. BY SECRETARY, COCHIN-682 011.

¶14

BY ADVS. SRI.K.ANAND, SC, COCHIN CORPN. SRI.M R DHANIL, GP

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.17919 OF 2020(L)

¶17

-2-

¶18

JUDGMENT

¶19

Dated this the 21st day of December 2020

¶20

The petitioner is the absolute owner of a land comprised in Sy.No.95/1 of Elamkulam Village in Kanayannur Taluk within the limits of Corporation of Kochi. The land is situated admittedly in the heart of Kochi city, Kaloor. There are several commercial buildings like Hotel Gokulam Park, Boys Hostel building etc. It is pointed out at the time of hearing that two years ago, a building permit was issued for a textile group namely, Pothys. The newly coming up building is having more than 15000 Sq.Ft. The petitioner's application for building permit has been rejected stating that the land is located in an industrial zone where maximum permissible construction is 200 Sq.Mtr. for commercial building. The petitioner's application is for 900.40 Sq.Mtr.

¶21

The development plan appears to have been approved in the year 2007. In the counter affidavit filed by

¶22

WP(C).No.17919 OF 2020(L)

¶23

-3-

¶24

the Secretary, Corporation of Kochi it has not chosen to deny the fact that permit has been granted for the construction of commercial complex of Gokulam Park. There are several commercial buildings in this area, having a plinth area of more than 1000 Sq.Mtrs. The construction has been allowed in the adjacent plot which is near to the area. The petitioner's application cannot be rejected siting it as an industrial zone.

¶25

In such circumstances, I am of the view that the impugned order has to be set aside. Taking note of the permission granted to the nearby plots, where the construction is beyond 900 Sq.Mtr, the petitioner's application shall also be considered. Needful shall be done within a period of four weeks. The impugned order is, accordingly, set aside.

¶26

The writ petition is disposed of as above.

¶27

Sd/-

¶28

A.MUHAMED MUSTAQUE JUDGE

¶29

akv

¶30

WP(C).No.17919 OF 2020(L)

¶31

-4-

¶32

APPENDIX

¶33

PETITIONER'S/S EXHIBITS:

¶34

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 1225/2019 DATED 16.4.2019

¶35

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT NO KL07022303735/2019 DATED 3.4.2019 EXHIBIT P3 PHOTOGRAPHS SHOWING THE SOUTHERN SIDE OF THE PETITIONERS PROPERTY EXHIBIT P4 PHOTOGRAPHS SHOWING THE NORTHERN SIDE OF THE PETITIONERS PROPERTY EXHIBIT P5 PHOTOGRAPHS SHOWING THE WESTERN SIDE OF THE PETITIONERS PROPERTY EXHIBIT P6 PHOTOGRAPHS SHOWING THE EASTERN SIDE OF THE PETITIONERS PROPERTY EXHIBIT P7 PHOTOGRAPHS SHOWING PETITIONERS PROPERTY AND ITS ENTRANCE EXHIBIT P8 PHOTOGRAPHS SHOWING THE GOOGLE MAP SATELLITE VIEW OF THE PETITIONER EXHIBIT P9 TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONER EXHIBIT P10 TRUE COPY OF THE NOTICE NO EYP3/69/TPL/003178/2020 DATED 1.6.2020

¶36

RESPONDENT'S/S EXHIBITS:NIL.

¶37

ANNEXURE TRUE COPY OF THE NOTIFICATION NO.G.O.(MS) NO.143/07/LSGD DATED 31.05.2007.

¶38

//TRUE COPY//

¶39

PA TO JUDGE

Zubeda Ibrahim v. State of Kerala

Case brief

What is this about?

What did the court decide?

Zubeda Ibrahim v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sasikumar.M Vs Kozhikkode Muncipal Corporation

Sudheer.C Vs the Panchayat Secretary

Haneefa Vs the Municipal Secretary

Sreedharan U.P Vs the Thripprangottor Grama Panchayat

Ashik a. Shukoor, Vs the Adoor Municipality

Bindu Jose Vs the District Collector, Ernakulam