Court stayed consideration of building permit application until Non-Objection Certificate from the third respondent (Defense) is provided. Petitioner's petition is closed.
petition closed; direction to Corporation to consider permit within one month of receiving NOC.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 1736 OF 2023
PETITIONER:
SAMEENA P.P., AGED 44 YEARS D/O MAJEED, P.P. HOUSE, NEAR ENGLISH CHURCH HQ HOSPITAL, KANNUR, PIN - 670001 BY ADVS. K.R.AVINASH (KUNNATH) E.MOHAMMED SHAFI PRAJIT RATNAKARAN
RESPONDENTS:
1 THE KANNUR MUNICIPAL CORPORATIION, SPCA ROAD, TALAP, KANNUR REPRESENTED BY ITS SECRETARY, PIN - 670001 2 THE SECRETARY, KANNUR MUNICIPAL CORPORATION, SPCA ROAD, TALAP, KANNUR, PIN - 670001 3 THE STATION COMMANDANT, DSC CENTRE, BURNASSERY, KANNUR, PIN - 670013 BY ADVS. M.MEENA JOHN SHRI.JAGATH. N., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1736 OF 2023
2
JUDGMENT
Dated this the 11th day of April, 2023
It is submitted by the learned counsel appearing for the 3rd respondent that NOC has already been forwarded to the Corporation.
In the above view of the matter, once 3rd respondent makes available a copy of the NOC, the Corporation shall consider the application for building permit submitted by the petitioner in accordance with law, within a period of one month from the date of receipt of the NOC by the Corporation.
This writ petition is closed.
Sd/-
ANU SIVARAMAN
JUDGE
ska
WP(C) NO. 1736 OF 2023
3
APPENDIX OF WP(C) 1736/2023
| PETITIONER EXHIBITS | |
|---|---|
| Exhibit1 | TRUE COPY OF THE DOCUMENT NO. 555/1 OF SRO, KANNUR DATED 1.3.2019 |
| Exhibit P2 | TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT DATED 28.6.2022 ISSUED BY THE SPECIAL VILLAGE OFFICER, KANNUR-1 |
| Exhibit P3 | TRUE COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER |
| Exhibit P4 | TRUE COPY OF THE COMMUNICATION DATED 5.12.2022 OF THE 1ST RESPONDENT |
| Exhibit P5 | . TRUE COPY OF THE CIRCULAR ISSUED BY THE MINISTRY OF DEFENSE DATED 21.10.2016 |
| Exhibit P6 | TRUE COPY OF THE RELEVANT PAGES OF KERALA BUILDING RULES |
| Exhibit P7 | TRUE COPY OF THE JUDGMENT DATED 5.10.2021 IN WPC 5288/2021 |
| RESPONDENT EXHIBITS | |
| EXHIBIT R3 A | THE TRUE COPY OF THE GOV.MINISTRY OF DEFENCE LETTER NO 11026/20/2011 |
| EXHBIT R3B | THE TRUE COPY OF THE CIRCULAR DATED 23-2-2022 |
| EXHIBIT R3 C | THE TRUE COPY OF THE LETTER NO 11026/20/2011D LANDS |
| EXHIBIT R3 D | THE TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 21-03-2023 |
SAMEENA P.P.
THE KANNUR MUNICIPAL CORPORATION
THE SECRETARY, KANNUR MUNICIPAL CORPORATION
THE STATION COMMANDANT, DSC CENTRE, BURNASSERY, KANNUR
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
