Dismissed

State of Kerala v. Praveen G.

Kerala HC24 Mar 2021WA/440/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed this writ appeal, upholding the single Judge's order that directed the Kollam Corporation to dispose of the petitioner's application for a commercial building permit within the statutory period. The court relied on prior judgments regarding building permits predating zoning regulations.

What did the court decide?

Immediate disposal of the petitioner's application (Ext.P10) by the Corporation within the statutory period; subsequent building permit order if Ext.P10 is rejected or not considered.

State of Kerala Vs Praveen G. — Landlord and Tenant | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

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WA.No.440 OF 2021

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APPELLANTS/RESPONDENTS 1-3 IN W.P.(C):

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE SECRETARY DEPARTMENT OF LOCAL ADMINISTRATION AND TOWN PLANNING, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM - 695 001.

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3 THE DISTRICT TOWN PLANNER DISTRICT TOWN PLANNING OFFICE, KOLLAM - 691 013.

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BY SRI. ARAVINDAKUMAR BABU, SR. GOVERNMENT PLEADER

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RESPONDENTS/PETITIONER & RESPONDENTS 4 & 5 IN W.P.(C):

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1 PRAVEEN G. S/O. GOPALAKRISHNAN NAIR, SREE KRISHNA MANDIRAM (FROM NARAYANA MANDIRAM), ASHRAMAM GARDEN-60, ASHRAMOM P. O., KOLLAM – 691 002.

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2 KOLLAM CORPORATION REPRESENTED BY ITS SECRETARY, KOLLAM CORPORATION, KOLLAM - 691 013.

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3 TOWN PLANNING OFFICER MUNICIPAL CORPORATION, KOLLAM - 691 013.

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R1 BY SRI.N.ASHOK KUMAR

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R2 & R3 BY SRI. M.K.CHANDRAMOHAN DAS, SC

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. No. 440/2021

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: 2 :

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Dated this the 24^th day of March, 2021.

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JUDGMENT

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SHAJI P. CHALY, J.

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The State has filed this appeal challenging the judgment dated 28.10.2019 in W.P.(C) No. 20701 of 2016, whereby the learned single Judge disposed of the writ petition holding thus:

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“Resultantly, I order this writ petition and direct the Secretary of Kollam Corporation to take up Ext.P10 and dispose of the same within the statutory period; and if, for any reason, it is rejected or not considered within such time, then they will take up the petitioner’s application for building permit and issue appropriate orders thereon, after affording an opportunity of being heard to him, as expeditiously as possible, but not later than two months after the statutory period for consideration of Ext.P10 expires.”

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Heard the learned counsel on both sides, and perused the pleadings and materials on record.

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The issue has already been decided by us in the judgment dated 24.01.2020 in W.A. No. 1413 of 2016 following the decision of a Division Bench of this Court in Gopalakrishnan T.V. v. State of Kerala and others [2011 (3) KHC 162] and leaving open the liberty of the writ petitioner therein to take appropriate steps in accordance with Section 67 of the Kerala Town and Country Planning Act, 2016. In Gopalakrishnan, it is held that when there are commercial buildings

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W.A. No. 440/2021

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: 3 :

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put up already on the basis of the permit granted and the plan approved by the Municipality, then the Zoning Regulations have lost its relevance and the application for the construction of a commercial building should be considered dehors the Zoning Regulations.

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Following the aforesaid decision, this writ appeal is dismissed. The directions issued in the aforesaid judgment shall govern this case

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as well.

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sd/-

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S. MANIKUMAR,

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CHIEF JUSTICE.

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sd/-

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SHAJI P. CHALY, JUDGE.

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State of Kerala v. Praveen G.

Case brief

What is this about?

What did the court decide?

State of Kerala v. Praveen G.

Case brief

What is this about?

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