IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2886 of 2008(R)
1. DR. K.S.ABDUL NAZIR, S/O. MOOSA SYED
... Petitioner
Vs
1. THALASSERY MUNICIPALITY,
... Respondent
2. TOWN PLANNING OFFICER,
3. KERALA STATE, REPRESENTED BY
For Petitioner :SRI.K.V.PAVITHRAN
For Respondent :I.V.PRAMOD
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/02/2008
O R D E R
PIUS.C.KURIAKOSE, J.
- - - - - - - - - - - - - - - - - - - - -
W.P.(c).No.2886 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 6th day of February, 2008
JUDGMENT
Sri.I.V.Pramod enters appearance for respondents 1 and 2
and Government Pleader takes notice on behalf of the third
respondent. I have heard the submissions of Sri.I.V.Pramod,
learned counsel for the petitioner and also the learned
Government Pleader. The grievance of the petitioner is that his
application for construction of a building has been rejected by
Ext.P2 intimation on the reason that the plot upon which the
petitioner proposes to construct the building comes within the
sector centre as per the Thalassery town development map.
2. Learned counsel for the petitioner submitted that the
scheme has been actually abandoned by the municipality.
Learned counsel invited my attention to various judgments such
as G.C.D.A. v. Dr.M.Chandrasekhar ( 1994(1) KLT 778,
Hassan v Corporation of Cochin ( 1196(2)KLT 839,
Beerankutty v. Municipal Commissioner, Manjery ( 1984
KLT Case No. 77 Page No.46). I find force in the submission.
Learned counsel further submitted that petitioners will be
WPC.No.2886/08 2
prepared to undertake that in the event of any portion of the plot
being required for public purposes, petitioner will be prepared to
demolish or remove the construction without raising any claim
whatsoever for compensation for the construction provided the
request in that regard is given by the municipality within one year
of municipality granting permission.
Under these circumstances, I quash Ext.P2 and direct the
Municipality to pass fresh orders on the application submitted by
the petitioner for building permit and on the original of the plan
submitted by the petitioner, provided the petitioner files an
affidavit in which it is stated that in the event of any portion of the
building and the building site is being required by the municipality
for public purposes within one year of municipality granting
permit, no claim will be made by the petitioner for compensation
for the building portion. Orders will be passed without being
influenced by the currency of Thalassery Town Development Map
at the earliest and at any rate within three weeks of petitioner
filing affidavit as directed in this judgment. If the plan is
otherwise in order, the same will be approved.
PIUS.C.KURIAKOSE
JUDGE
sv.
WPC.No.2886/08 3