Padmanabhan A v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 13311 of 2015 (L) ---------------------------- PETITIONER :
--------------------- PADMANABHAN A., S/O.PANGU, AGED 63 YEARS RETIRED HEAD LOAD WORKER, ALAYAR NILAM WEST HILL P.O., KOZHIKODE, KOZHIKODE DISTRICT PIN-673 005.
BY ADVS.SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) SRI.BEPIN PAUL SRI.SHALU VARGHESE RESPONDENT(S) :
----------------------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL ADMINISTRATION (M) DEPARTMENT THIRUVANANTHAPURAM, PIN- 695 001.
2. CALICUT DEVELOPEMENT AUTHORITY REPRESENTED BY ITS SECRETARY RAILWAY STATION LINK ROAD, CALICUT, PIN-673 001.
3. KOZHIKODE MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE KOZHIKODE, PIN-673 032.
4. ASSISTANT ENGINEER CORPORATION OF KOZHIKODE, CORPORATION OFFICE KOZHIKODE, PIN - 673 032.
R1 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 BY ADV. SRI.G.SANTHOSH KUMAR R3 & R4 BY ADV. SRI.K.D.BABU, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 13311 of 2015 (L) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1.
PHOTOSTAT COPY OF THE TAX PAID RECEIPT DATED 20.10.14 FOR THE PERIOD 2014-2015 ISSUED BY THE VILLAGE OFFICER, KACHERI VILLAGE IN THE NAME OF THE PETITIONER.
EXHIBIT P2.
PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE DATED 16.07.14 ISSUED BY THE VILLAGE OFFICER, KACHERI VILLAGE IN THE NAME OF THE PETITIONER.
EXHIBIT P3.
PHOTOSTAT COPY OF THE LOCATION SKETCH DATED 20.10.14 ISSUED BY THE VILLAGE OFFICER, KACHERI VILLAGE, IN THE NAME OF THE PETITIONER.
EXHIBIT P4.
PHOTOSTAT COPY OF THE LOCATION CERTIFICATE DATED 16.10.14 ISSUED BY THE VILLAGE OFFICER, KACHERI VILLAGE, IN THE NAME OF THE PETITIONER.
EXHIBIT P5.
PHOTOSTAT COPY OF THE ORDER DATED 28.03.15 ISSUED BY THE 4TH RESPONDENT REFUSING TO GRANT BUILDING PERMIT ALONG WITH THE BUIDING PLANS ANNEXED THERETO.
EXHIBIT P6.
PHOTOSTAT COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN OP 14251/96 DATED 28.10.96. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.13311 of 2015 --------------------------------------------- Dated this the 30th day of June, 2015
JUDGMENT
Ext.P5 by which the petitioner's application for building permit was rejected is under challenge.
2. The petitioner is the owner in possession of 2.90 cents of land comprised in Re.Sy.No.850/21/1 in Kacheri Village at Kozhikode Taluk. The petitioner submitted an application for a permit on 18.2.2015, for construction of a new building before the respondents, which was rejected by the fourth respondent stating that the property comes within the zonal regulation affective area whereby there are restriction imposed for constructions in such areas. The Zonal Town Planner opined that the petitioner's land is included in the scheme - land to be acquired and developed for residential use. It is also stated that as per the above scheme, a 7 metre wide road is proposed and that the petitioner's proposed house if constructed, would effect
WPC No.13311/2015 2 such proposed road alignment in future. It is with this background, the petitioner has approached this Court.
3. I have heard the learned counsel for the petitioner and the learned standing counsel for the respondent Municipality.
4. It was pointed out by the learned counsel for the petitioner that the restriction imposed on the construction of building is as per the DTP Scheme for the West Hill area, which is an age old proposal published in the year 1973, is in fact can be deemed to be abandoned. Since the last 40 years, the proposal has not been implemented. In this Connection, the learned counsel invited my attention to a Division Bench decision of this Court in Padmini v. State of Kerala [1999 (3) KLT 465] wherein it was held that no building permit can be refused to any person because there is a proposal to acquire the land in future. Reliance was also placed to the decision of the Apex court in Raju S. Jethmalani v. State of Maharastra [(2005) 11 SCC 222] wherein it was held that refusing to grant permits relying on obsolete DTP schemes is a clear violation of
WPC No.13311/2015 3 the provisions of the Constitution.
Viewed in that profile, this Court is of the view that the petitioner is entitled to get the reliefs prayed for. Therefore, the writ petition is allowed. Ext.P5 is quashed and the respondent Corporation is directed to reconsider petitioner's application for building permit and grant permit within a period of one month from the date of receipt of a copy of this judgment.
sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE