Allowed

M.Damodaran Master v. the Mattannur Municipality

Kerala HC17 Dec 2021WP(C)/6923/2021

Case brief

AI extract

What is this about?

The petitioner challenged an order revoking a building permit. In light of new documents produced by the petitioner during pending proceedings, the court allowed the writ petition and set aside the impugned order, directing the respondents to reconsider the grant of renewal.

What did the court decide?

The writ petition allowed. Impugned Ext.P14 set aside. Petitioner directed to reconsider permit renewal within six weeks.

M.Damodaran Master Vs the Mattannur Municipality — 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 MR. JUSTICE T.R.RAVI

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943

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WP(C) NO. 6923 OF 2021

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PETITIONER:

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M.DAMODARAN MASTER AGED 70 YEARS S/O. KANNAN, (FORMER PRESIDENT MANDALAM CONGRESS COMMITTEE, MATTANNUR), AISWARYA, MATTADI, KOLARI AMSOM, METTADI DESOM. 9995749361 BY ADVS. K.V.PAVITHRAN SRI.P.P.RAMACHANDRAN

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RESPONDENTS:

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1 THE MATTANNUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, P.O. MATTANNUR, PIN-670 702. 2 THE SECRETARY MATTANNUR MUNICIPALITY, P.O. MATTANNUR, PIN-670 702. BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SMT.P.F.ROSY SMT.SNEHA RAJIV V.M.SHYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.6923 OF 2021

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T.R.RAVI, J.

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---------------------------------------WP(C) NO.6923 OF 2021

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 Dated this the 17th day of December , 2021

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JUDGMENT

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The petitioner has challenged Ext.P14 order whereby the
respondents have cancelled the permit granted to the petitioner for
construction of the building for two reasons. The reasons stated are
that the No Objection Certificate from the Airport Authority of India
has not been produced and that the area wherein the construction is
made is a scheme covered area. The above order was issued pursuant
to Ext.P9 judgment of this Court. Pending the writ petition, the
petitioner has filed I.A No.2/2021 producing the No Objection
Certificate from the Airport Authority as Ext.P15 and IA No.2/2021
producing the copy of an application under Right to Information Act
and answer given by the respondents, which make it clear that there
was no master plan when the building permit was granted in 2015. In
the light of the above documents, it is submitted that the objections
taken in Ext.P14 has to be set aside and the permit should be
renewed. Sri.Nandakumara Menon, Senior Advocate appearing on
behalf of the Municipality on instructions from Sri.Syam Kumar fairly
submits that on the basis of the documents now produced the
conclusions in Ext.P14 will have to be reconsidered. The counsel for

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WP(C) NO.6923 OF 2021

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the petitioner points out that Ext.P14 is a revocation of a permit
which was already renewed and as such, once the revocation is set
aside, the renewal will automatically come to force. The respondents
while considering the matter shall keep this aspect also in mind.

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In the above circumstances, the writ petition is allowed. Ext.P14
is set aside. The respondents are directed to reconsider the question
of renewal of the permit in the light of Exts.P15 and P17 within six

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weeks from the date of receipt of a copy of this judgment.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO.6923 OF 2021

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APPENDIX OF WP(C) 6923/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 29.12.2015. EXHIBIT P2 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER REQUESTING RENEWAL OF BUILDING PERMIT DATED 3.3.2020. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WPC NO.27342/2020, DATED 11.12.2020. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.27342/2020 DATED 21.12.2020. EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY MUNICIPAL ENGINEER DATED 22.12.2020. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER ISSUED IN WPC NO.555/2021 DATED 8.1.2021. EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 1.1.2021 SERVED ON THE PETITIONER ON 8.1.2021. EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 14.1.2021 IN WPC NO.982/2021 THE HON'BLE COURT ISSUED AND STAYING THE EXT.P7 ORDER. EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 1.2.2021 IN WPC NO.555/2021 AND WPC NO.982/2021 CAME FOR CONSIDERATION ON 1.2.2021. EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 16.2.2021. EXHIBIT P11 TRUE COPY OF THE EXPLANATION TO EXT.P10 NOTICE DATED 23.2.2021. EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 4.3.2021. EXHIBIT P13 TRUE COPY OF THE OBJECTION STATEMENT DATED 12.3.2021. EXHIBIT P14 TRUE COPY OF THE ORDER DATED 12.3.2021. Exhibit P15 TRUE COPY OF THE NOC FOR HEIGHT CLEARANCE DATED 16.07.2021 ISSUED BY AIRPORT AUTHORITY OF INDIA. Exhibit P16 COPY OF APPLICATION UNDER RTI ACT DATED 31.08.2021. Exhibit P17 COPY OF ANSWER GIVEN BY RESPONDENT

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WP(C) NO.6923 OF 2021

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Exhibit P18 TRUE COPY OF THE APPLICATION DATED 08.10.2021 SUBMITTED BY P.R.BHASKARAN UNDER RIGHT TO INFORMATION ACT. Exhibit P19 TRUE COPY OF THE COMMUNICATION DATED 26.10.2021 PERMITTING INSPECTION OF DOCUMENT APPLIED FOR. Exhibit P20 TRUE COPY OF THE PRINT OF THE PHOTO TAKEN BY P.R.BHASKARAN OF THE B.A.REGISTER (PAGE NO.71) MAINTAINED BY THE MUNICIPALITY SHOWING RENEWAL OF BUILDING. RESPONENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

M.Damodaran Master v. the Mattannur Municipality

Case brief

What is this about?

What did the court decide?

M.Damodaran Master v. the Mattannur Municipality

Case brief

What is this about?

What did the court decide?

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