This writ petition challenged the denial of a Building Permit due to green zone classification. The Court disposed of the matter, directing the petitioner to cure plan defects. Once cured, authorities must consider the application and decide within a month.
Petitioner permitted to cure defects; application to be reconsidered with a decision within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944
WP(C) NO. 11608 OF 2020
PETITIONER
NAIJIN MATHEW,
MELEDATH, GOGULDHAM APARTMENT, PERUMBAVUR.
BY ADVS.
K.P.SANTHI
SMT.TARA PREM
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.2 REGIONAL TOWN PLANNER, OFFICE OF THE REGIONAL TOWN PLANNING OFFICE, CIVIL STATION, KAKKANAD-682030.3 PERUMBAVUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVUR-683542.SHRI.MATHEW B.KURIAN, SC, PERUMBAVOOR MUNICIPALITY
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11608 OF 2020
JUDGMENT
Dated this the 23rd day of August, 2022
The petitioner is before this Court aggrieved by denial of Building Permit for construction of a residential building.
WP(C) NO.11608 OF 2020
3
In view of the submissions as made above, the writ
petition is disposed of permitting the petitioner to cure the defects as may be pointed out by the Municipal authorities. Once the petitioner cures the defects, the application should be considered and a decision shall be taken within a period of one month therefrom.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.11608 OF 2020
4
APPENDIX OF WP(C) 11608/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE TAX RECEIPT DATED
15/11/2018 ISSUED BY THE VILLAGE
OFFICE, PERUMBAVUR.
EXHIBIT P2TRUE COPY OF THE LOCATION SKETCH ISSUED
BY THE VILLAGE OFFICER, PERUMBAVUR.
EXHIBIT P3TRUE COPY OF THE APPLICATION DATED
23/11/2018 FOR BUILDING PERMIT
SUBMITTED TO THE 2ND RESPONDENT.
EXHIBIT P4TRUE COPY OF THE RECEIPT DATED
29/11/2018 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE NOTICE DATED
05/12/2018 OF THE 2ND RESPONDENT.
EXHIBIT P6TRUE COPY OF THE OBJECTION DATED NIL
SUBMITTED TO 2ND RESPONDENT.
EXHIBIT P7TRUE COPY OF THE RELEVANT PAGE OF THE
DRAFT MASTER PLAN.
EXHIBIT P8TRUE COPY OF THE JUDGMENT DATED
19/11/2019 IN WPC NO.41520/2018 OF THIS
HONOURABLE COURT.
EXHIBIT P9TRUE COPY OF THE APPLICATION 22/11/2019
SUBMITTED BY THE PETITIONER.
EXHIBIT P10TRUE COPY OF THE LETTER DATED
05/03/2020 OF THE 3RD RESPONDENT.
EXHIBIT P11TRUE COPY OF THE LETTER DATED
31/01/2020 OF THE 2ND RESPONDENT.
1 issue framed by the court
Whether the denial of Building Permit can be rectified by curing defects in the plan submitted by the petitioner.
1 provisions across 1 enactments
Naijin Mathew
State of Kerala
Regional Town Planner
Perumbavoor Municipality
N.Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court