IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16299 of 2007(M)
1. T.V.GOPALAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. CORPORATION OF CALICUT REPRESENTED BY
3. SECRETARY, CORPORATION OF CALICUT,
4. CHIEF TOWN PLANNER,
5. REGIONAL TOWN PLANNER, WEST HILL,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/06/2008
O R D E R
ANTONY DOMINIC, J.
===============
W.P.(C) NO. 16299 OF 2007 M
====================
Dated this the 9th day of June, 2008
J U D G M E N T
The challenge in this writ petition is against Ext.P6. By this order,
an application made by the petitioner for a building permit has been
returned, pointing out as many as ten defects. Though nine of the defects
are curable by the petitioner, one of the defects pointed out is that the
permit is sought in respect of an area which has been earmarked as
residential in terms of the approved Town Planning Scheme.
2. Petitioner contends that on the strength of the exemptions
granted, several commercial complexes have already come up in the area
and therefore, if he alone is not permitted to undertake construction, that
will be discriminatory. It is contended that this area has now developed
into a commercial area and therefore, it is unrealistic to reject the permit
on the basis that it is a residential area. Counsel also makes reference to
the photographs produced in the writ petition to bring home this point.
3. Yet another point that is raised by the counsel for the
petitioner is that a proposal for modifying the scheme, is under the
consideration of the Government and therefore for that reason also it is
unfair to decline the building permit to him.
WPC 16299/07
:2 :
4. I have heard the counsel for the Corporation and also the
learned Government Pleader.
5. Fact remains that as at present, there is an approved Town
Planning Scheme and in terms of which the area in question has come under
the residential zone. This court has already held in the judgment in OP
No.8740/97 that the Town Planning Act confers no power on the
Government to tamper with the approved development scheme. Therefore,
so long as the Town Planning Scheme is in vogue, consideration of
application for building permit can only be in terms thereof.
6. If that be so, the defects pointed out in Ext.P6 that the area in
question is a residential one is liable to he upheld. However, taking into
account the submission made by the learned counsel for the petitioner that
a proposal for modification of the Town Planning Scheme is pending
consideration of the Government, I direct that in the event there is any
such modification carried out to the Town Planning Scheme, it will be open
to the petitioner to pursue his application afresh.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
Rp