Allowed

V.Rajasekhar v. the Palakkad Municipality

Kerala HC15 Nov 2022WP(C)/26028/2022

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by landowners seeking a Building Permit. The court directed the Municipality to process the application despite the land being in a Residential Zone, relying on the statutory provision that permits must be processed if the authority fails to decide on a purchase notice within 60 days.

What did the court decide?

Directing the 1st and 2nd respondents to process the Building Permit application within six weeks, ignoring the land's inclusion in the Residential Zone of the DTP Scheme.

V.Rajasekhar Vs the Palakkad Municipality — Municipal and Town Planning | 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 N.NAGARESH

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TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944

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WP(C) NO. 26028 OF 2022

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PETITIONERS:

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1 V.RAJASEKHAR, AGED 51 YEARS S/O. (LATE) VISWANATHAN, 'VISWASREE', KESAVAMENON COLONY, OLAVAKKODE P.O, PALAKKAD DISTRICT., PIN - 678002

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2 M.MUSTHAFA, AGED 51 YEARS, S/O. MUHAMMED MOIDEEN, 'FAREEDHA MANZIL', KODUNTHIRAPULLY P.O, PALAKKAD DISTRICT., PIN – 678004

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BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB

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RESPONDENTS:

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1 THE PALAKKAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD DISTRICT., PIN - 678001

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2 THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD DISTRICT - 678001

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3 THE DISTRICT TOWN PLANNING OFFICER PALAKKAD DISTRICT TOWN PLANNING OFFICE PALAKKAD, CIVIL STATION, PALAKKAD DISTRICT., PIN - 678001

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4 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT., PIN – 695001

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BY ADVS.
SHRI.BINOY VASUDEVAN, SC, PALAKKAD MUNICIPALITY
SMT.DEEPA NARAYANAN-SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.26028 of 2022

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JUDGMENT

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Dated this the 15^th day of November, 2022

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The petitioners submitted an application for Building Permit seeking building construction in 39.41 Cents of land owned by them in old Survey Nos.3173, 3174, 3204 and 3205/3 in Block No.2/74 of Palakkad-III Village, Palakkad Taluk in Palakkad District. The petitioners’ application was not favourably considered. They were issued with Ext.P3 communication rejecting the Building Permit application.

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In Ext.P3, it was stated that the petitioners’ land is included in the draft Data Bank as paddy land. It was further

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stated that the land is included in Residential Zone and set apart for acquisition under the Ayyapuram-Ramanathapuram DTP Scheme. Hence, Building Permit cannot be issued.

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The petitioners thereafter sent Ext.P7 Purchase

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Notice to the Municipality under Section 67 of the Kerala Town and Country Planning Act, 2016. The petitioners state

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WP(C) No.26028 of 2022

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that the Municipality did not take any action or decision on Ext.P7 Purchase Notice within the stipulated 60 days.

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Counsel for the petitioners argued that in view of the judgment of this Court in Abdul Hakim v. Manjeri Municipality and another [2018 (1) KLT 1026] , since the Municipality has not taken a decision to acquire the land on receipt of Purchase Notice within 60 days, the petitioners’ Building Permit application is liable to be processed and the petitioners are entitled to get Building Permit.

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Standing Counsel entered appearance on behalf of respondents 1 and 2 and submitted that the land is included in

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the Ayyapuram-Ramanathapuram DTP Scheme and is categorised as Residential Zone. The petitioners’ Ext.P7 Purchase Notice has been received by the Municipality. The Municipality has not taken any decision to acquire the land within the 60 days period or thereafter, so far.

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As the petitioners have issued statutory Purchase

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Notice invoking Section 67 of the Kerala Town and Country

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WP(C) No.26028 of 2022

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Planning Act, 2016 and since the 1^st respondent-Municipality has not taken any decision within 60 days as stipulated in the Act, taking into consideration the law laid down by this Court in Abdul Hakim (supra), I am of the view that the petitioners’ Building Permit application is liable to be processed in accordance with law.

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In the circumstances, the writ petition is disposed of directing respondents 1 and 2 to process the Building Permit application submitted by the petitioners in accordance with law, without regard to inclusion of land in Residential Zone in the DTP Scheme. A decision in this regard shall be taken within a period of six weeks.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.26028 of 2022

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APPENDIX OF WP(C) 26028/2022

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`PETITIONER EXH` `Exhibit-P1`	`IBITS` `A TRUE COPY OF THE POSS` `CERTIFICATE` `NO.517/2019` `09.05.2019 RELATING TO THE PROPER`	`ESSION` `DATED` `TY.`
`Exhibit-P2`	`A TRUE COPY OF THE SALE` `NO.4444/2011/1 OF SRO PALAKKAD` `15.06.2011.`	`DEED` `DATED`
`Exhibit-P3`	`A TRUE COPY OF THE ORDER OF TH` `RESPONDENT DATED 18.03.2022 REJ` `THE APPLICATION OF THE PETITIONER`	`E 2ND` `ECTING` `S.`
`Exhibit-P4`	`A TRUE COPY OF THE KLU ORDER OB` `BY` `PADMAVATHY,` `MURALEEDHARA` `JOYTHIKUMAR, PREDECESSOR OF`	`TAINED` `N` `&` `THE`
	`PROPERTY OF THE PETITIONERS` `29.08.2006 RELATING TO THE PROPER`	`DATED` `TY.`
`Exhibit-P5`	`A TRUE COPY OF THE KLU ORDER OB` `BY` `KAMRARUNNESA` `@` `ROSE,` `PREDECESSOR OF THE PROPERTY O` `PETITIONERS DATED 27.09.2006 RE` `TO THE PROPERTY.`	`TAINED` `THE` `F THE` `LATING`
`Exhibit-P6`	`A TRUE COPY OF THE RELEVANT EXTR` `THE LAND DATA BANK FOR THE` `RESPONDENT MUNCIPALITY PUBLISH` `KERALA GAZETTE DATED 31.08.2019.`	`ACT OF` `FIRST` `ED IN`
`Exhibit-P7`	`A TRUE COPY OF THE PURCHASE` `DATED 28.05.2022 ISSUED BY`	`NOTICE` `THE`
	`PETITIONERS ALONG WITH ACKNOWLED` `DATED 31.05.2022.`	`GEMENT`
`Exhibit-P8`	`A TRUE COPY OF THE RTI APPLI` `DATED 27.09.2022 SUBMITTED BY T`	`CATION` `HE 1ST`
	`PETITIONER ALONG WITH RECEIPT` `28.09.2022.`	`DATED`
`Exhibit-P9`	`A TRUE COPY OF THE COMMUNI`	`CATION`
	`ISSUED BY THE MUNICIPALITY` `14.10.2022.`	`DATED`

V.Rajasekhar v. the Palakkad Municipality

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V.Rajasekhar v. the Palakkad Municipality

Case brief

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