Joseph Jacob v. Kottayam Municipality
Case brief
What is this about?
In this writ petition, petitioners challenged a rejection letter regarding their building permit application on land earmarked for open space in the DTP Scheme. The Court relied on Section 67 of the 2016 Act and prior judgments, directing the respondent to reconsider the application deisde the DTP Scheme constraints.
What did the court decide?
The writ petition was disposed of by directing the 2nd respondent to reconsider the Ext.P6 application submitted by the petitioners in light of Section 67 of the 2016 Act, without reference to the DTP
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 1ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
WP(C) NO. 9667 OF 2022
PETITIONERS
- 1 JOSEPH JACOB AGED 75 YEARS S/O. JACOB ITTIYAVIRA, PULICKAL HOUSE, MUTTAMBALAM P.O., KOTTAYAM, PIN-686 004
- 2 DEEPAK JACOB JOSEPH, AGED 46 YEARS S/O. JOSEPH JACOB, PULICKAL HOUSE, MUTTAMBALAM P.O., KOTTAYAM, PIN-686 004
- 3 PRADEEP JAMES JOSEPH, AGED 41 YEARS S/O. JOSEPH JACOB, PULICKAL HOUSE, MUTTAMBALAM P.O., KOTTAYAM, PIN-686 004 BY ADVS.
V.M.KRISHNAKUMAR P.R.REENA
RESPONDENTS
Issues for consideration
3 issues framed by the court
Whether to quash the letter dated 27.01.2022 issued by the Town Planner rejecting the building permit application.
Whether the petitioners are entitled to a building permit deisde the DTP Scheme provisions.
Whether the Secretary of the Municipality is directed to reconsider the purchase notice application in accordance with Section 67 of the Kerala Town and Country Planning Act, 2016.
Parties & counsel
- petitioner
Joseph Jacob & Ors.
- respondent
Kottayam Municipality
- respondent
Secretary, Kottayam Municipality
- respondent
Town Planner Kottayam
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court