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High Court of KeralaWP(C)/8259/2015disposed of

N.M.Khaleel v. The Kottayam Municipality

2015-11-09Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 WP(C).No. 8259 of 2015 (F) --------------------------- PETITIONER(S):

-------------------------- 1.

N.M.KHALEEL AGED 43 YEARS S/O.N.K.MOIDEEN, KHALEEL MANZIL S.H.MOUNT P.O, KOTTAYAM 2.

N.M.MUSTHAFA, AGED 46 YEARS S/O.N.K.MOIDEEN, KHALEEL MANZIL S.H.MOUNT P.O, KOTTAYAM BY ADVS.SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN RESPONDENT(S):

---------------------------- 1.

THE KOTTAYAM MUNICIPALITY REP BY ITS SECRETARY KOTTAYAM-686 001.

2.

THE SECRETARY KOTTAYAM MUNICIPALITY KOTTAYAM-686 001.

R1&2 BY ADV. SRI.PHILIP J.VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0911-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C)NO.8259/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF THE FIRST PAGE OF THE BUILDING PERMIT GRANTED ON 8.6.2012 ALONG WITH ENGLISH TRANSLATION P2-TRUE COPY OF THE APPLICATION DATED 6.11.2013 ALONG WITH ITS ENGLISH TRANSLATION P3-TRUE COPY OF THE ORDER ALONG WITH ENGLISH TRANSLATION P4-TRUE PHOTOGRAPHS OF THE PLOT OWNED BY THE PETITIONERS AND THE NEARBY AREA RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 8259 OF 2015 --------------------------------------- Dated this the 9th day of November, 2015

JUDGMENT

The parties are at variance as to whether the detailed town planning scheme has become obsolete in view of passage of time. There is paucity of evidence at this juncture to hold that the detailed town planning scheme is being implemented with full vigour. The question whether such scheme could be put against the petitioners who seek change of occupancy of the building in question needs detailed consideration.

2.

The petitioners add that the surrounding property is fully developed and dotted with buildings. The petitioners contend that no prejudice would be caused by converting the upper two floors as commercial when the ground floor has been permitted to be used as commercial premises. I find that the matter requires a de novo consideration at the hands of the Municipality for which I quash Ext.P3 memorandum.

W.P(C)No.8259/2015 3.

The second respondent shall pass orders anew after notice to the petitioners in accordance with law within two months.

The writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks