Petitioner sought building permit for commercial construction. Court held that prior precedent rendered the DTP Scheme obsolete. Petitioner to reconsider application under current Master Plan within two months.
Ext.P2 set aside; respondents to reconsider Building Permit application under Master Plan within two months.
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
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 23296 OF 2022
PETITIONER
ABDURAHIMAN K
AGED 58 YEARS
KUPPANDIYIL, VATTOLI POST, KOZHIKODE
PIN - 673507
BY ADVS.
E.C.AHAMED FAZIL
K.P.SUFIYAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - , PIN - 6950012THE KOZHIKODE MUNICIPAL CORPORATION,
(CORPORATION OF KOZHIKODE)
MANANCHIRA, KOZHIKODE - REPRESENTED BY ITS SECRETARY,
PIN - 673032
3EXECUTIVE ENGINEER
KOZHIKODE MUNICIPAL CORPORATION,
(CORPORATION OF KOZHIKODE), MANANCHIRA,
KOZHIKODE, PIN - 67303
4THE DISTRICT TOWN PLANNER,
KOZHIKODE REGION KUDFC BUILDING, CHAKKORATHUKULAM,
WEST HILL POST, KOZHIKODE , PIN - 673005
BY ADVS.
SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL CORPORATION
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.23296 OF 2022
2
JUDGMENT
Dated this the 3rd day of November, 2022
The petitioner wanted to construct a commercial building within the territorial limits of Kozhikode Municipal Corporation and submitted an application for Building Permit. The application has been rejected on the ground that as per the DTP Scheme, the property where the proposed building is to come up, is a Residential Zone and hence commercial constructions above 150 M2 are not permissible. It is aggrieved by the said rejection that the petitioner is before this Court.
WP(C) NO.23296 OF 2022
3
the Building Permit application afresh in the light of the present Master Plan.
The writ petition is dispose of as above.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.23296 OF 2022
4
APPENDIX OF WP(C) 23296/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF SPECIFICATION REPORT
SUBMITTED BY PETITIOENR AND OTHERS
KOZHIKODE MUNICIPAL CORPORATION
Exhibit P2TRUE COPY OF ORDER/PROCEEDINGS DATED
25.06.2022 HAVING FILE NO. TP8/38724/22
ISSUEDFROMKOZHIKODEMUNICPAL
CORPORATION
Exhibit P3TRUE COPY OF G. O. (MS.) NO.
131/2017/LSGD DATED 07.07.2017 ISSUED
BY PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT.
RESPONDENT’S EXHIBIT NIL
2 issues framed by the court
Whether the respondent authority shall reconsider the Building Permit application in light of the judgment in W.P.(C) No.30816 of 2021.
Whether the impugned order rejecting the application based on the DTP Scheme should be set aside.
Colour shows how this judgement treated each authority
W.P.(C) No.30816 of 2021Followed¶23
Abdurahiman K
State of Kerala represented by Its Secretary, Local Self Government Department
The Kozhikode Municipal Corporation
Executive Engineer, Kozhikode Municipal Corporation
The District Town Planner, Kozhikode Region
N. Nagares' Abstract judgment text
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court