Disposed

Zavier v. the State of Kerala

Kerala HC24 Jun 2022WP(C)/3/2016

Case brief

AI extract

What is this about?

Writ petitioner challenged rejection of building permit for apartment complex on grounds of land being paddy field under specific Acts. Petitioner later withdrew challenge, seeking dismissal with liberty to approach statutory authority. Court disposed of petition accordingly.

What did the court decide?

Writ petition disposed of leaving liberty to petitioner to approach statutory authority under Act 2008 with enabling orders; fresh application to be considered by Municipality.

Zavier Vs the State of Kerala — Property and Title | Kerala HC (2022)

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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 SHAJI P.CHALY

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FRIDAY, THE 24^TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944

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WP(C) NO. 3 OF 2016

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PETITIONER:

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ZAVIER AGED 54 YEARS S/O. JOSEPH, PALLIPATU HOUSE, IRINJALAKUDA VILLAGE DESOM, THRISSUR DITRICT - 680 121. BY ADV SRI.G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE IRINJALAKUDA MUNICIPALITY REP. BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR DISTRICT - 680 121.

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BY ADVS.

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R1 BY SRI.ARAVIND P. MATHEW, GOVERNMENT PLEADERE R2 BY SRI.K.K.CHANDRAN PILLAI (SR.) SMT.S.AMBILY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.3 of 2016

JUDGMENT

Dated this the 24^th day of June 2022

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This writ petition is filed by the petitioner seeking the following reliefs:

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Call for the records leading to Exhibit P5 and may be pleased to quash the same.

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Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent to grant building permit to the petitioner within stipulated time limits in the interest of justice.

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To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

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According to the petitioner, petitioner is an owner in possession of an extent of 12.14 Ares of land situated in Sy.No.294 of Irinjalakkuda Municipality. In order to construct an apartment complex, petitioner has submitted an application for building permit, which was declined as per Exhibit P5 order dated 7.8.2015 of the Secretary of the Irinjalakkuda Municipality – the 2^nd respondent, on the ground that the property is a paddy field and no permit can be granted in terms of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Kerala Municipality Building Rules, 1999.

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It is thus challenging the legality and correctness of Exhibit P5, the writ petition is filed.

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W.P.(C) No.3 of 2016

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However, today when the matter is taken up, learned counsel for petitioner fairly submitted that the writ petition can be disposed of, leaving open the liberty of the petitioner to approach the Statutory Authority constituted as per the provisions of Act, 2008.

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In that view of the matter, the writ petition is disposed of, leaving open the liberty of the petitioner to approach the statutory authority in contemplation of the provisions of Act, 2008. Needless to say, if any enabling orders are produced by the petitioner, along with a fresh application for building permit, it shall be considered by the Secretary of the Municipality, in accordance with law.

Sd/-

SHAJI P.CHALY

JUDGE

smv

W.P.(C) No.3 of 2016

APPENDIX OF WP(C) 3/2016

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PETITIONER'S EXHIBITS

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P1 - A TRUE COPY OF THE DOCUMENT BEARING NO. 814/90 DT. 10.5.90 OF THE IRINJALAKUDA S R O. P2 - A TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER DT. 29.5.2014. P3 - A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE SECOND RESPONDENT DT. 04.7.2015. P4 - A TRUE COPY OF THE APPROVED PLAN DATED NIL. P5 - A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DT. 17.8.2015.

Zavier v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Zavier v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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