The court directed that proceedings initiated by the petitioner under Section 67(1) of the Kerala Town and Country Planning Act, 2016, must be concluded within four months.
Proceedings under Section 67(1) of the Kerala Town and Country Planning Act, 2016 to be concluded within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942
WP(C).No.38129 OF 2017(M)
PETITIONER:
RENJITH K.S., S/O. K.G SUKUMARAN, AGED 37 YEARS, KUZHIVELIL HOUSE, SUB STATION ROAD, THODUPUZHA, PIN - 685 584.
BY ADV. SRI.R.RAMADAS
RESPONDENTS:
R1-2 BY SRI.UNNIKRISHNAN V.ALAPPATT, SC, THODUPUZHA MUNICIPALITY
M R DHANIL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.38129 OF 2017(M)
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JUDGMENT
Dated this the 8th day of December 2020
The petitioner submitted an application for building permit.
This was rejected stating that as per DTP Scheme, the land in question was earmarked for public and semi – public purposes. The petitioner's application was for the construction of a commercial building.
Pending the writ petition, a notice was issued under Sec.67(1)
of the Kerala Town and Country Planning Act, 2016 by the petitioner. In the light of the above, I am of the view that the proceedings initiated by the petitioner under Sec.67(1) of the Kerala Town and Country Planning Act, 2016 shall be concluded within a period of four months.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR
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WP(C).No.38129 OF 2017(M)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO.1080/1990 OF THODUPUZHA S.R.O DATED 10.05.1990.
EXHIBIT P2 TRUE COPY OF THE REGISTERED SALE DEED NO.2132/1991 OF THODUPUZHA S.R.O DATED 29.08.1991.
EXHIBIT P3 TRUE COPY OF THE SURVEY SKETCH SHOWING THE LIE OF THE PETITIONER'S PROPERTY ISSUED BY THE TALUK SURVEYOR, THODUPUZHA.
EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 25.05.2017 ISSUED BY THE VILLAGE OFFICER, THODUPUZHA TO THE PETITIONER'S MOTHER SHOWING THE REMITTANCE OF LAND TAX FOR THE PERIOD 2017-18.
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.10.2017 ISSUED BY THE VILLAGE OFFICER, THODUPUZHA.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 25.10.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 20.11.2014 IN WP(C) NO. 15972/2014.
EXHIBIT P8 TRUE COPY OF THE NOTICE U/S 67/(1) OF THE TOWN AND COUNTRY PLANNING ACT, 2016 DATED 29.9.2020 ISSUED BY THE PETITIONER.
1 issue framed by the court
Whether proceedings initiated under Sec.67(1) of the Kerala Town and Country Planning Act, 2016 should be concluded within a specific period.
1 provisions across 1 enactments
RENJITH K.S.
STATE OF KERALA
THODUPUZHA MUNICIPALITY
SECRETARY THODUPUZHA MUNICIPALITY
ASSISTANT ENGINEER THODUPUZHA MUNICIPALITY
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
