IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4509 of 2010(K)
1. SABEENA HUSSAIN, AGED 37 YEARS,
... Petitioner
Vs
1. THALASSERY MINICIPALITY,
... Respondent
2. THE SECRETARY,THALASSERY MINICIPALITY,
3. THE ASSISTANT ENGINEER,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.I.V.PRAMOD
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.4509 of 2010
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Dated this the 3rd day of September, 2010
J U D G M E N T
The petitioner is the owner of a parcel of land, 9 cents in
extent, situated in R.Sy.No.25/2A of Thalassery Village. She
submitted an application to the Secretary of Thalassery Municipality
for a building permit to put up a residential building therein. The said
application was rejected by Ext.P2 order dated 13.1.2010 on the short
ground that a proposal to acquire a portion of the said land for the
purpose of a new road is in contemplation. Ext.P2 is under challenge
in this writ petition.
2. It is now well settled by a serious of decisions of this
Court including the decision of a Division Bench of this Court in
Padmini v. State of Kerala (1993 (3) KLT 465), that an application
for a building permit can be rejected only on the grounds enumerated
in the provisions of the Kerala Municipality Act, 1994 or the Kerala
Municipality Building Rules, 1994. The reasons set out in Ext.P2 is not
referrable either to the provisions of Section 402 of the Kerala
Municipality Act, 1994 or Rule 12 of the Kerala Municipality Building
Rules, 1994. It is only in cases where the land is already notified for
acquisition that a building permit can be declined. The mere fact that a
W.P.(C) No.4509 of 2010
2
portion of the land is likely to be acquired in future is not a reason to
withhold a building permit. I am therefore persuaded to hold that the
stand taken by the Secretary, Thalassery Municipality in Ext.P2 cannot
be sustained.
I accordingly quash Ext.P2 and dispose of the writ petition
with a direction to the second respondent to consider the application
for building permit submitted by the petitioner and take an
appropriate decision thereon, in accordance with law expeditiously,
and in any event, within one month from the date on which she
produces a copy of this judgment before the second respondent. The
petitioner shall pay the requisite fee, if any, on being informed of the
same by the Secretary of the Municipality.
P.N.RAVINDRAN,
Judge.
nj.