Allowed

Abdul Ashif Kanchirathingal, v. the Secretary

Kerala HC11 Apr 2024WP(C)/27643/2023

Case brief

AI extract

What is this about?

The High Court quashed the rejection order of a building permit application issued by the Kozhikode Municipal Corporation. Following a prior precedent, the Court directed the respondents to reconsider the applicant's petition within six weeks and pass orders in accordance with law.

What did the court decide?

Exhibit P1 rejection order quashed; direction to reconsider building permit application within six weeks.

Abdul Ashif Kanchirathingal, Vs the Secretary — Writ and Judicial Review | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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WP(C) NO. 27643 OF 2023

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PETITIONERS:

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1ABDUL ASHIF KANCHIRATHINGAL,
AGED 50 YEARS
S/O MUHAMMED HAJI, KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O., KOZHIKODE,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE, PIN - 673573

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2ARSHAQ M,
AGED 32 YEARS
S/O MOHAMMED ASHRAF,RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O .,
KOZHIKODE DISTRICT, PIN - 673573
3ASHIQUE M,
AGED 27 YEARS
S/O MOHAMMED ASHRAF, RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE DISTRICT - 673 573
BY ADVS.
M.K.SUMOD
VIDYA M.K.
RAJ CAROLIN V.
THUSHARA.K

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RESPONDENTS:

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1 THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION,BEACH P O, KOZHIKODE DISTRICT, PIN - 673032

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2 THE KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY,BEACH P O, KOZHIKODE DISTRICT, PIN - 673032

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WP(C) NO. 27643 OF 2023

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..2..

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BY ADV SHRI.V.KRISHNA MENON, SC,
KOZHIKODE MUNICIPAL CORPORATION

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SMT. AMMINIKUTTY K., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 27643 OF 2023

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..3..

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MOHAMMED NIAS C.P., J.

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=========================

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W.P.(C.) No. 27643 of 2023

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========================= Dated this the 11^th day of April, 2024

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J U D G M E N T

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The above writ petition is filed with the following

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prayers;

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“ i) Issue Writ of Certiorari by quashing the Exhibit PI rejection order of the 1st respondent by calling for the records leading to the issuance of the same.

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ii) Issue writ of Mandamus or any other order, writ or direction to the 1st respondent to re-consider the application dated 01/03/2023 and referred to in Exhibit P1, in a time bound manner and within a period of one month from the date of final disposal of the writ petition.”

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2. The petitioner's application for a building permit

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was rejected on the ground of a proposal for acquisition and not on any grounds stipulated under Rule 11 of the KMBR 2019. This issue is covered in favour of the petitioner

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WP(C) NO. 27643 OF 2023

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..4..

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by the judgment of this Court reported in District Town Planner, Malappuram and Others v. Vinod and Others (2019 (3) KHC 673 .

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Accordingly Ext P1 is quashed and there will be a direction to the 1st and 2nd respondents to reconsider the application for a building permit submitted by the petitioner dated 1-3-2023 and pass orders on the application for plan and approval in accordance with law and taking note of the above judgment within a period of six weeks from the date of receipt of a copy of the judgment.

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The Writ Petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P.,

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JUDGE

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WP(C) NO. 27643 OF 2023

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..5..

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APPENDIX OF WP(C) 27643/2023

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PETITIONER EXHIBITS :

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EXHIBIT P1TRUE COPY OF THE REJECTION ORDER WITH
REF. NO. TP3/17358/23 DATED 03/04/2023
OF THE 1ST RESPONDENT TO THE
PETITIONERS

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EXHIBIT P2TRUE COPY OF THE APPLICATION DATED
14/05/2023 SUBMITTED BY THE PETITIONERS
THROUGH THEIR POWER OF ATTORNEY HOLDER
HAFISH BABU K TO THE PUBLIC INFORMATION
OFFICER OF THE 2ND RESPONDENT UNDER RTI
ACT

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EXHIBIT P3TRUE COPY OF THE REPLY UNDER REF NO.
TP3/TP12/47618/23DATED13/07/2023
ISSUED BY THE PUBLIC INFORMATION
OFFICER OF THE 2ND RESPONDENT TO MR.
HAFISH BABU K

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EXHIBIT P4TRUE COPY OF THE PURCHASE NOTICE DATED
30/10/2023 AND SUBMITTED BEFORE THE
RESPONDENTS BY THE PETITIONERS

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EXHIBIT P5TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGMENT WITH NUMBER 87287 DATED
30/10/2023 ISSUED FROM THE OFFICE OF
THE RESPONDENTS

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// True Copy // PA To Judge

Abdul Ashif Kanchirathingal, v. the Secretary

Case brief

What is this about?

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Abdul Ashif Kanchirathingal, v. the Secretary

Case brief

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