Disposed

The State of Kerala, v. Mathew Varghese

Kerala HC30 Oct 2023WA/1270/2023

Case brief

AI extract

What is this about?

The Special Leave Appeal against a High Court judgment directing a Municipality to consider building permit applications. The Court disposed of the appeal following a government clarification that Section 67(1) does not apply to the specific road land.

What did the court decide?

Municipality directed to consider the original petitioners' applications for development and building permits as per the Single Judge's order within two months.

The State of Kerala, Vs Mathew Varghese — Municipal and Town Planning | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945

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WA NO. 1270 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 29308/2022 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELFGOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695 001

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2 THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, NANTHANCODU, THIRUVANANTHAPURAM, PIN – 695 003

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BY SPL. GOVERNMENT PLEADER K.R. DEEPA

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RESPONDENTS/PETITIONERS & RESPONDENTS 3 TO 5 IN WPC:

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1 MATHEW VARGHESE, AGED 67 YEARS, S/O V.K THOMAS, 16A, LINK HEIGHTS, PANAMPILLY NAGAR AVENUE, PANAMPILLY NAGAR P.O., ERNAKULAM DISTRICT, PIN – 682 036

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2 LIYA ELIZA MATHEW AGED 36 YEARS, D/O. MATHEW VARGHESE, 16A, LINK HEIGHTS, PANAMPILLY NAGAR AVENUE, PANAMPILLY NAGAR P.O, ERNAKULAM DISTRICT-682 036. REP.BY HER POWER OF ATTORNEY HOLDER MATHEW VARGHESE, AGED 67 YEARS, S/O V.K THOMAS, 16A, LINK HEIGHTS, PANAMPILLY NAGAR AVENUE, PANAMPILLY NAGAR P.O, ERNAKULAM DISTRICT., PIN – 682 036

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W.A.No.1270 of 2023

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3 MATHEW VARGHESE

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AGED 31 YEARS, S/O. MATHEW VARGHESE, 16A, LINK
HEIGHTS, PANAMPILLY NAGAR AVENUE, PANAMPILLY
NAGAR P.O, ERNAKULAM DISTRICT-682 036
REP.BY HIS POWER OF ATTORNEY HOLDER MATHEW
VARGHESE, AGED 67 YEARS, S/O V.K THOMAS, 16A,
LINK HEIGHTS, PANAMPILLY NAGAR AVENUE, PANAMPILLY
NAGAR P.O, ERNAKULAM DISTRICT., PIN – 682 036

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4 PAMELA ANNA MATHEW D/O. K A. MATHEW, RESIDING AT OEN HOUSE, VYTTILA P.O, ERNAKULAM., PIN – 682 019

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5 SUNELA SARAH MATHEW @ SUNELA SARAH THOMAS D/O K A MATHEW, COMPANY EXECUTIVE, RESIDING AT OEN HOUSE, VYTTILA P.O, ERNAKULAM – 682 019. REP. BY HER POWER OF ATTORNEY HOLDER PAMELA ANNA MATHEW, D/O. K A. MATHEW, RESIDING AT OEN HOUSE, VYTTILA P.O, ERNAKULAM, PIN – 682 019

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6 MARADU MUNICIPALITY

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REP. BY ITS SECRETARY, MARADU P.O,
ERNAKULAM DISTRICT., PIN – 682 034

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7 THE SECRETARY
MARADU MUNICIPALITY, MARADU P.O,
ERNAKULAM DISTRICT., PIN – 682 304

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8 ASSISTANT ENGINEER
LSGD ENGINEERING WING, MARADU MUNICIPALITY,
ERNAKULAM DISTRICT., PIN – 682 304

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BY ADV RAJAN T R
SPL.GP.K.R. DEEPA;
ADV. R.K.MURALEEDHARAN FOR R1 TO R5.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1270 of 2023

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JUDGMENT

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Dated this the 30^th day of October 2023

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A.J. Desai, C.J.

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By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the State Government had challenged the judgment dated 09.03.2023 in W.P.(C)No.29308 of 2022, by which, the learned single Judge, while allowing the writ petition, directed the respondent Municipality to take up the application submitted by the original petitioners for development and building permits and pass orders on the same.

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Along with a memo dated 21.10.2023, the learned Special Government Pleader has produced communication dated 29.09.2023 of the Additional Chief Secretary, Local Self Government (RD) Department, Thiruvananthapuram addressed to the Secretary, Maradu Municipality informing that, since the land for development of Kochi-Muvattupuzha road is not designated for compulsory acquisition in the structural plan, Section 67(1) of the Kerala Town and Country Planning Act, 2016

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W.A.No.1270 of 2023

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cannot be made applicable to the application.

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In view of the clarification made by the said communication dated 29.09.2023, we dispose of this appeal with a direction to the respondent Municipality to consider the application submitted by the original petitioners in accordance

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with law and as per the observations made by the learned Single Judge, as early as possible, within a period of two months from the date of receipt of a copy of this judgment.

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Pending interlocutory applications, if any, shall stand closed.

Sd/-

A.J. Desai

Chief Justice

Sd/-

V.G. Arun Judge

vpv

//TRUE COPY//

P.A. TO JUDGE

The State of Kerala, v. Mathew Varghese

Case brief

What is this about?

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The State of Kerala, v. Mathew Varghese

Case brief

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