H.Mohamed Subair vs State Of Kerala on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16922 of 2008(M)


1. H.MOHAMED SUBAIR, AGED 39 YEARS
                      ...  Petitioner
2. HAJI MOHAMED ZUBIRE AGED 72 YEARS,

                        Vs



1. STATE OF KERALA, REP. BY CHIEF
                       ...       Respondent

2. PRINCIPAL SECRETARY, LOCAL SELF

3. THE DISTRICT COLLECTOR, KOLLAM

4. SECRETARY,KOLLAM CORPORATION, KOLLAM

5. CHIEF TOWN PLANNER, C.T.P.OFFICE,

6. TOWN PLANNER, DISTRICT TOWN PLANNING

7. THE EXECUTIVE ENGINEER, PWD ROADS, BEACH

                For Petitioner  :SRI.A.AHZAR

                For Respondent  :SRI.M.K.CHANDRA MOHANDAS

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/12/2008

 O R D E R
                          ANTONY DOMINIC, J.

                          ==============
                     W.P.(C) NO. 16922 OF 2008 (M)
                     ====================

              Dated this the 10th day of December, 2008

                              J U D G M E N T

The petitioners complaint is that revision of the master plan with a

decision to reduce the width of Kollam Pukayilapandakasala (Mulakada) –

Vaddi Road from 25 to 15 metres is to be implemented and that in the

light of the plan so revised, Ext.P3 application made by him for building

permit should be considered.

2. It has now come out and it is also seen from Ext.P5 that the

revised master plan is pending consideration of the Government of Kerala

and that the revised plan is yet to be finalised and published. Therefore,

unless and until the revised master plan is finalised and published, the

petitioner cannot seek consideration of his application for building permit

in the light of the revised plan. Hence, what is required at this stage is to

make respondents 1 and 2 to finalise and publish the revised master plan

formulated for Kollam Corporation area.

3. In view of the above, the 2nd respondent is directed to finalise

and publish the revised master plan concerning Kollam Corporation area,

which is mentioned in Ext.P5 as expeditiously as possible, at any rate

WPC 16922/08
:2 :

within 3 months of production of a copy of this judgment. Depending on

the revised master plan that is finalised and published, it is directed that

the 4th respondent shall consider Ext.P3 or any supplementary application

which the petitioner, may file for building permit concerning his land.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp