Allowed

Jitha.K.S v. Thrissur Muncipal Corporation

Kerala HC2 Feb 2021WP(C)/1061/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition against the Trissur Municipal Corporation holding that a development permit is not a pre-condition for seeking a building permit. The court directed the Corporation to consider the application on merit after hearing the petitioner.

What did the court decide?

Directed the 1st respondent to consider the building permit application on merit without insisting on a development permit within three weeks after hearing the petitioner.

Jitha.K.S Vs Thrissur Muncipal Corporation — Writ and Judicial Review | 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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942

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W.P(C).No.1061 OF 2021(G)

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PETITIONER:

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JITHA.K.S

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AGED 44 YEARS, KOCHERY HOUSE, VETTIKKAL, PREMIUM ROAD, MANNUTHY P.O., THRISSUR, PIN-680 651.

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BY ADV. SRI.RANJITH XAVIER

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RESPONDENTS:

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

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2 THE SECRETARY THRISSUR MUNICIPAL CORPORATION, THRISSUR-680 001.

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3 THE ASSISTANT ENGINEER THRISSUR MUNICIPAL CORPORATION, THRISSUR-680 001.

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R1-3 BY SHRI.SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.1061/2021 :: 2 ::

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J U D G M E N T

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The petitioner has preferred Ext.P2 application before the 1^st respondent for building permit. In the writ petition, it is her case that the building permit application is not being considered by the 1^st respondent on account of the petitioner not having produced the development permit as insisted by the 1^st respondent. In the writ petition, the petitioner relies on the judgment of this Court in Nafeesa and another v. Chavakkad Municipality and Others - [2018 (3) KLT 1] to contend that a development permit is not required as a pre-condition for carrying on construction in the land belonging to the petitioner.

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I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondent Corporation.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find force in

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W.P.(C).No.1061/2021 :: 3 ::

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the contention of the learned counsel for the petitioner that in view of the judgment referred above, the petitioner would not be required to obtain any development permit as a pre-condition for effecting construction on the land. Accordingly, I dispose the writ petition by directing the 1^st respondent to consider Ext.P2 application for building permit submitted by the petitioner, on merit, and without insisting on any development permit, within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 1^st respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/2/2/2021

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W.P.(C).No.1061/2021 :: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF SALE DEED NO.1806/1/2019 OF OLLUKKARA SUB REGISTRY. EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 2.11.2020. EXHIBIT P3 TRUE COPY OF INTIMATION DATED 24.12.2020 FROM THE 3RD RESPONDENT ASSISTANT ENGINEER.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Jitha.K.S v. Thrissur Muncipal Corporation

Case brief

What is this about?

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Jitha.K.S v. Thrissur Muncipal Corporation

Case brief

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