High Court Kerala High Court

P.K.Kammed Kutty vs Kozhikode Corporation on 2 September, 2010

Kerala High Court
P.K.Kammed Kutty vs Kozhikode Corporation on 2 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31714 of 2009(H)


1. P.K.KAMMED KUTTY, PEZHUTHIYEDAN
                      ...  Petitioner

                        Vs



1. KOZHIKODE CORPORATION
                       ...       Respondent

2. SECRETARY,KOZHIKODE CORPORATION

3. THE TOWN PLANNING OFFICER

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.P.V.SURENDRANATH,SC,KOZHIKODE CORPN

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :02/09/2010

 O R D E R
                          P.N.RAVINDRAN, J.
                -----------------------------------------
                       W.P(C).No.31714 of 2009
                -----------------------------------------
            Dated this the 2nd day of September, 2010

                              JUDGMENT

The petitioner, who owns a parcel of land in Ward No.V of

Kozhikode Corporation, submitted an application under the Kerala

Municipality Building Rules, 1999 to put up a residential building in

that parcel of land. The said application was rejected by Ext.P3 order

dated 22.9.2009 on the ground that the land falls within the area

earmarked for residential purposes under the detailed town planning

scheme. It is contended that the reason given by the Secretary of the

Kozhikode Corporation to reject the application runs counter to the

principles laid down by this Court in Nazar v. Malappuram

Municiplity, 2009(3) KLT 92 and in the order passed in R.P.No.1073

of 2009 in that petition. Though respondents 1 and 2 have filed a

counter affidavit, it is evident from the stand taken by them that till

date steps have not been taken to notify the disputed land and the

lands situated in the neighbourhood under the Land Acquisition Act for

the purpose of the detailed town planning scheme referred to in

Ext.P3. In such circumstances I am of the opinion that the issue

raised in the instant writ petition is squarely covered in favour of the

petitioner by the decision of the learned single Judge of this Court in

Nazar v. Malappuram Municiplity (supra) as clarified in the order

W.P(C).No.31714 of 2009
: 2 :

in R.P.No.1073 of 2009 reported in Secretary to Government v.

Nazar, 2010(1) KLT 286. In that view of the matter it has to be

necessarily held that Ext.P2 order cannot be sustained.

In the result I allow the writ petition, quash Ext.P3 and direct the

Secretary, Kozhikode Corporation, to consider the application for

building permit submitted by the petitioner in the light of the relevant

rules and take an appropriate decision thereon expeditiously and in

any way within one month from the date on which the petitioner

produces a certified copy of the judgment before him. The petitioner

shall pay the fee, if any, prescribed under the relevant rules within the

time limit fixed by the Secretary of the Corporation.

P.N.RAVINDRAN,
Judge.

ahg.

P.N.RAVINDRAN, J.

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W.P(C).No.31714 of 2009

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JUDGMENT

2nd September, 2010