Disposed

Joshan.P.G v. State of Kerala

Kerala HC20 Oct 2020WP(C)/9243/2020

Case brief

AI extract

What is this about?

The Court dismissed three writ petitions challenging building permit rejections. Directing the State to finalize the master plan within two months, the Court set aside the impugned orders and directed the Corporation to reconsider the applications within one month of the master plan approval.

What did the court decide?

Impugned orders set aside. Directs State to finalize Master Plan in 2 months. Directs Corporation to reconsider applications in accordance with Master Plan within 1 month of approval.

Joshan.P.G 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

TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

¶5

WP(C).No.37744 OF 2017(P)

¶6

PETITIONER:

¶7

K.K.RAJEEVKUMAR, AGED 47 YEARS, S/O K.V KESAVAN, KOLLAPARAMBIL HOUSE, KURIACHIRA P.O, THRISSUR DISTRICT. PIN-680 006.

¶8

BY ADV. SRI.AVANEESH KOYIKKARA

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶11

2 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, MOOKKANNUR, ERNAKULAM DISTRICT-683 577.

¶12

3 AGRICULTURAL OFFICER, KRISHI BHAVAN, MOOKKANNUR, ERNAKULAM DISTRICT, PIN-683 577.

¶13

4 DISTRICT TOWN PLANNER, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

¶14

5 VILLAGE OFFICER, OLLUR VILLAGE OFFICE, OLLUR, THRISSUR-680 306.

¶15

6 THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-680 001.

¶16

7 SECRETARY, THRISSUR MUNICIPAL CORPORATION, CORPORATION OFFICE, THRISSUR-680 001.

¶17

BY ADVS. SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION SRI.S GOPINATHAN, SR. GP

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.10.2020, ALONG WITH WP(C).33418/2019(B), WP(C).9243/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C)No.37744 OF 2017(P) & Con.Cases

¶20

-2-

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶24

TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

¶25

WP(C).No.33418 OF 2019(B)

¶26

PETITIONER:

¶27

SATHYANATH, AGED 43 YEARS, S/O. BALAKRISHNA PILLAI, RESIDING AT MALIYEKKAL HOUSE, RAJEEV NAGAR, 2ND STREET, MANNUHY P.O., THRISSUR-680 651.

¶28

BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD

¶29

RESPONDENTS:

¶30

1 THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-680 001.

¶31

2 THE ASSISTANT ENGINEER, MUNICIPAL CORPORATION OFFICE, OLLUKKARA ZONAL OFFICE, THRISSUR-680 001.

¶32

*ADDL.R3 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶33

*ADDL.R4 THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, 2ND FLOOR, NANDANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003.

¶34

*ARE IMPLEADED AS PER ORDER DATED 27-01-2020 IN IA 1/2020

¶35

BY ADVS. SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION SRI.S.GOPINATHAN, SR.GP

¶36

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.10.2020, ALONG WITH WP(C).37744/2017(P), WP(C).9243/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶37

WP(C)No.37744 OF 2017(P) & Con.Cases

¶38

-3-

¶39

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶40

PRESENT

¶41

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶42

TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

¶43

WP(C).No.9243 OF 2020(E)

¶44

PETITIONER:

¶45

JOSHAN.P.G, AGED 48 YEARS, S/O. GEORGE, PERINJERY HOUSE, EDAKKUNNI DESOM, THAIKKATTUSSERY P.O, THRISSUR DISTRICT, PIN-680322.

¶46

BY ADVS. SRI.C.A.CHACKO SMT.C.M.CHARISMA

¶47

RESPONDENTS:

¶48

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

¶49

2 THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDANAM, THRISSUR DISTRICT, PIN-680 001.

¶50

3 THE ASSISTANT ENGINEER, THRISSUR CORPORATION, OLLUR REGIONAL OFFICE, THRISSUR, PIN-680 306.

¶51

*ADDL.R4 THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, 2ND FLOOR, NANDANCODU, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003

¶52

*IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 17-06-2020 IN IA 01/2020 IN WP(C)9243/2020.

¶53

BY ADVS. SRI.SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION SRI.S.GOPINATHAN, SR.GP

¶54

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.10.2020, ALONG WITH WP(C).37744/2017(P), WP(C).33418/2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶55

WP(C)No.37744 OF 2017(P) & Con.Cases

¶56

-4-

¶57

JUDGMENT

¶58

[ W.P(C)No.37744 of 2017, W.P(C)No.33418 OF 2019, W.P(C)No.9243 OF 2020 ]

¶59

Dated this the 20th day of October 2020

¶60

These writ petitions are filed for challenging the rejection of the building permit. The petitioners were applicants before the Thrissur Corporation. The applications have been rejected taking note of the proposals made by the Thrissur Corporation for the approval of the master plan.

¶61

There are proposals to widen the existing road upto 21 meters. According to the learned counsel for the petitioners, now, it has been reduced to 12 meters.

¶62

As of now, the proposals are pending before the Government. The learned Government Pleader submitted that the Government will finalise the approval of the master plan

¶63

within a period of two months. The said submission is recorded.

¶64

In the light of the fact that the Government is finalising the master plan, the writ petitions can be disposed of with the following directions:

¶65

WP(C)No.37744 OF 2017(P) & Con.Cases

¶66

-5-

¶67

i. The Government is directed to finalise the master

¶68

plan within a period of two months.

¶69

ii. The Corporation shall reconsider the application for

¶70

the building permit afresh in accordance with the approved master plan.

¶71

iii. To pave way of reconsideration of the application, the impugned orders are set aside.

¶72

iv. The Corporation shall reconsider the application in accordance with the master plan, building rules and the relevant law in regard to the nature of the land within a further

¶73

period of one month on approval of the master plan by the

¶74

Government.

¶75

Sd/-

¶76

A.MUHAMED MUSTAQUE JUDGE

akv

-6-

APPENDIX OF WP(C) 37744/2017

¶81

PETITIONER'S/S EXHIBITS:

¶82

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 4.3.2017.

¶83

EXHIBIT P2 TRUE COPY OF THE BASIC TAX REGISTER DATED 3.5.2017

¶84

EXHIBIT P3 TRUE COPY OF THE LETTER OF AGRICULTURAL OFFICER DATED 22.6.2016 ALONG WITH RELEVANT PAGE OF DATA BANK REGISTER.

¶85

EXHIBIT P4 TRUE COPY OF THE CONCURRENCE DATED 13.7.2017 FROM DISTRICT TOWN PLANNER.

¶86

RESPONDENT'S/S EXHIBITS :

¶87

EXHIBIT R6(a) TRUE COPY OF ORDER NO. C2/1717/2017/DDS DATED 13.07.2017 ISSUED BY THE 4TH RESPONDENT.

¶88

//TRUE COPY// P.A. TO JUDGE

¶89

¶90

-7-

¶91

APPENDIX OF WP(C) 33418/2019

¶92

PETITIONER'S/S EXHIBITS:

¶93

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO.0357307 ISSUED BY THE VILLAGE OFFICER, OLLUKKARA VILLAGE TO THE PETITIONER DATED 6.4.2019.

¶94

EXHIBIT P2 TRUE COPY OF THE LAND ACQUISITION CERTIFICATE NO.3172/18 ISSUED BY THE VILLAGE OFFICER, OLLUKKARA VILLAGE DATED 8.10.2018. EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT NO.BA/099/10-11/OLK. ISSUED BY THE IST RESPONDENT CORPORATION DATED 2.12.2010. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.34899/2018 ON THE FILE OF THIS HONOURABLE COURT DATED 23.11.2018. EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 12.11.2019. EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE ROAD PROPOSALS BY THE THRISSUR CORPORATION DATED NIL.

¶95

RESPONDENT'S/S EXHIBITS :

¶96

ANNEXURE R1(a) TRUE COPY OF LETTER DATED 3.2.20 ISSUED TO PRINCIPAL SECRETARY, LSGD DEPARTMENT.

¶97

//TRUE COPY// P.A. TO JUDGE

¶98

¶99

-8-

¶100

APPENDIX OF WP(C) 9243/2020

¶101

PETITIONER'S/S EXHIBITS:

¶102

EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT DATED 25.07.2019.

¶103

EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 28.12.2019 ISSUED FROM VILLAGE OFFICE, EDAKKUNNI.

¶104

EXHIBIT P3 TRUE COPY OF PROPERTY TAX RECEIPT DATED 25.07.2019 ISSUED FROM 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 6.3.2020 ISSUED BY 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF JUDGMENT IN WP(C) NO. 7376/2018 DATED 25.10.2018.

¶105

RESPONDENT'S/S EXHIBITS :

¶106

ANNEXURE R2(a) TRUE COPY OF LETTER DATED 3.2.20 ISSUED TO PRINCIPAL SECRETARY, LSGD DEPARTMENT.

¶107

//TRUE COPY// P.A. TO JUDGE

Joshan.P.G v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joshan.P.G 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

Andrew Eapen Titus Vs State of Kerala

Aliyamma Thomas, Vs the District Collector

Baiju A.B. Vs the Chittattukara Grama Panchayath

Geo Kuriakose Vs the Geologist

Alex P. Abraham Vs Thiruvananthapuram Corporation

M.I.Pappachan Vs Poyya Grama Panchayat