IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24323 of 2010(M)
1. JOSEPH, AGED 59 YEARS,
... Petitioner
2. J & J TIMBERS, CHALAKUDY REP.BY
Vs
1. CHALAKUDY MUNICIPALITY REP.BY ITS
... Respondent
2. STATE OF KERALA, REP.BY ITS SECRETARY
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No. 24323 OF 2010
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DATED THIS, THE 12TH DAY OF AUGUST, 2010.
J U D G M E N T
The main relief sought for in this writ petition is for a direction to the
first respondent to accept the building permit application of the petitioner
and grant sanction for construction of a multi-storeyed building in his
property.
2. The first petitioner claims to be the owner of 24.675 cents of land
in East Chalakudy village, which is lying vacant and it abuts the old
National Highway. The second petitioner firm owns 10.597 cents of land
situated on the eastern portion of the first petitioner’s property. Petitioners’
application for permission to construct a multi storied building was not
received by the Municipality on the ground that their land is included in the
residential zone and part of the property is proposed to be acquired.
According to the petitioners, the action of the authorities in refusing to
accept the building permit application is illegal because the Town Planning
Scheme as regards to their property has ceased to have any effect since
there was only a proposal for acquisition from their property. Petitioners
rely upon various judgments of this Court namely, Exts.P6 ad P7 in support
WP(C) 24323/2010 2
of their various contentions raised in the writ petition.
3. Learned Standing Counsel for the Municipality and the
Government Pleader submitted that if the petitioners file an application in
terms of the Municipality Building Rules, the authorities will take
appropriate decision and communicate the same to the petitioners without
any further delay. It is submitted that so far no such application has been
filed.
4. Therefore, if the petitioners file a proper application along with
the required plan and other documents as well as usual fee, if any, the same
will be accepted by the Secretary of the Municipality and it will be
processed and disposed of within a period of two months.
The writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR,
JUDGE.
KNC/-