Disposed

Thalangara Mohammed Ashraf v. Kasargode Municipality

Kerala HC2 Aug 2021WP(C)/19164/2020

Case brief

AI extract

What is this about?

The Court set aside the rejection of the petitioner's building permit application, directing the 2nd respondent to reconsider it afresh in light of a prior judgment mandating master plan revision and a specific resolution by the Municipality.

What did the court decide?

Direction to the 2nd respondent to reconsider the petitioner's building permit application within two months.

Thalangara Mohammed Ashraf Vs Kasargode Municipality — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 WP(C) NO. 19164 OF 2020

¶5

PETITIONER:

¶6

THALANGARA MOHAMMED ASHRAF, AGED 69 YEARS, MANAGING PARTNER, M/S TAKSONS BUILDERS AND DEVELOPERS, THALANGARA CLUSTERS, NULLIPADY, KASARGODE, PIN - 671 121.

¶7

BY ADVS. K.SHIBILI NAHA SMT.A.LOWSY

¶8

RESPONDENTS:

¶9

1 KASARGODE MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KASARGODE P.sO., PIN - 671 122.

¶10

2 THE SECRETARY, KASARGODE MUNICIPALITY, KASARGODE P.O., PIN - 671 122.

¶11

3 THE ASST. EXECUTIVE ENGINEER, KASARGODE MUNICIPALITY, KASARGODE, PIN - 671 122.

¶12

4 THE MUNICIPAL ENGINEER, KASARGODE MUNICIPALITY, KASARGODE, PIN - 671 122.

¶13

5 THE DISTRICT TOWN PLANNER, KASARGODE, PIN - 671 122.

¶14

BY ADV SHRI.MATHEW B. KURIAN, SC, KASARAGOD MUNICIPALITY SRI. SYAMANTHAK B.S.

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.19164/2020

: 2 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 2^nd day of August, 2021

¶21

The building permit application submitted by the petitioner was rejected as per Ext.P10 on the ground that the land in question falls partly within the Residential Use Zone as per the existing DTP Scheme. It is aggrieved by Ext.P10 that the petitioner has approached this Court.

¶22

During the pendency of this writ petition, this Court in W.P.(C) No.21634/2020 passed elaborate order giving direction to all Local Self Government Institutions and the Government to revise the obsolete master plans in a phased manner. Ext.P11 would show that the Kasaragod Municipality

¶23

has requested the Chief Town Planner to revise the DTP Scheme taking into consideration the passage of time.

¶24

WP(C) No.19164/2020

¶25

: 3 :

¶26

In view of the judgment of this Court and the stand

¶27

now taken by the Municipality in Ext.P11, this Court is of the considered opinion that the Municipality is liable to consider the building permit application of the petitioner afresh in the changed circumstances.

¶28

In view of the above, the writ petition is disposed of directing the 2^nd respondent to reconsider the building permit application of the petitioner, in accordance with law, in the light of the judgment of this Court in W.P.(C) No.21634/2020 and Ext.P11 decision taken by the Kasaragod Municipality. It is made clear that this Court has not pronounced anything on merits of the claims made by the petitioner. The 2^nd respondent shall pass orders as directed above within a period of two months.

¶29

Sd/-

¶30

N. NAGARESH, JUDGE

aks/03.08.2021

WP(C) No.19164/2020

: 4 :

PETITIONER'S EXHIBITS:

¶36

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KASARGODE. EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS. EXHIBIT P3 TRUE COPY OF THE NOTICE/ORDER VIDE NO.B.A.38/16-17 DATED 30.05.16. EXHIBIT P4 TRUE COPY OF THE INFORMATION SECURED BY THE PETITIONER ON 15.07.2016. EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT NO.314/03-04 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ON 20.03.2006. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 20.01.2010. EXHIBIT P7 TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT MUNICIPALITY. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C) 40050/2016 DATED 29.10.2019. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO.A231337/16 OF THE 2ND RESPONDENT DATED 3.1.2020. EXHIBIT P10 TRUE COPY OF THE INTIMATION/NOTICE NO.BA/39/16-17 DATED 17.07.2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF THE RESOLUTION AND THE REQUEST FORWARDED TO THE AUTHORITIES CONCERNED, OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

¶37

RESPONDENTS' EXHIBITS:

¶38

ANNEXURE R1(A) TRUE COPY OF THE LETTER DATED 11.06.2020 OF THE DISTRICT TOWN PLANNER, KASARGOD

¶39

Thalangara Mohammed Ashraf v. Kasargode Municipality

Case brief

What is this about?

What did the court decide?

Thalangara Mohammed Ashraf v. Kasargode Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

V. Krishnakumar Vs Kollan Municipal Corporation

K.P.Ebrayi Vs Thiruvallur Grama Panchayath

George Pallikkara Vs the District Collector

Silpa S.P., Vs Dr.Pavanindra Lal

Gopinathan Palakkal Vs Aravind R.

Muhammed Bava Vs State of Kerala