High Court of KeralaWP(C)/14927/2015disposed of

Devu v. The Palakkad Municipality

2015-09-28Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 14927 of 2015 (M) ---------------------------- PETITIONER(S):

------------------------- DEVU, AGED 69 YEARS W/O.VELAYUDHAN, KARUKODI, VADAKKANTHARA PALAKKAD BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS:

-------------------------

1. THE PALAKKAD MUNICIPALITY PREPRESENTED BY ITS SECRETARY, MuNICIPAL OFFICE PALAKKAD - 678101

2. THE SECRTARY PALAKKAD MUNICIPALITY, PALAKKAD - 678101.

3. DISTRICT TOWN PLANNER OFFICE OF THE DISTRICT TOWN PLANNER, PALAKKAD 678101 R1-R2 BY ADV. SRI.T.C.SURESH MENON R1-R2 BY ADV. SRI.P.S.APPU BY GOVERNMENT PLEADER SMT. S. HYMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14927 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF DOCUMENT NO 4152/2010 OF S R O PALAKKAD P2:- TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PETITIONER'S PORPERTY P3:- TRUE COPY OF THE LAND TAX RECEIPT P4:- TRUE COPY OF THE ORDER NO BA/287/14-15/PW4 DTD NIL P5:- TRUE COPY OF THE JUDGMENT DTD 10/7/2014 IN WPC NO 13042/2014 RESPONDENT(S)' EXHIBITS: NIL ------------------------------------- //True copy// P.A. to Judge

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14927 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2015

J U D G M E N T

Under challenge is Ext.P4 order whereby, the application for putting up a structure has been rejected on the ground that the coverage area could be 50% only. 2.

The petitioner acquired 1.65 cents of dry land in Re-survey No.38/1 in Block No.1 in Ward No.1 of Palakkad -I Village in Palakkad Taluk. She wanted to put up a residential structure having a plinth area of 465 sq.ft. and she therefore made an application as early as on 16.07.2014. She claims that the application was strictly in accordance with the building rules. However, quiet contrary to the expectation of the petitioner, her application was rejected by Ext.P4 order pointing out that petitioner's building is having a coverage area of more than 50%. The petitioner points out that the said reason cannot be a ground to reject her application and relies on Ext.P5 judgment of

W.P.(C) No.14927 of 2015 -2this Court wherein, an identical question was considered. This Court had occasion to hold that such restrictions are not sufficient to reject an application for putting up a structure by the persons concerned who own property and who are entitled to enjoy the property in accordance with law. 3.

After having heard the learned counsel on both sides and after having perused the judgment of this Court as is evidenced by Ext.P5, there is no reason as to why the impugned order should not be set aside.

In the result, this petition is allowed. The impugned order is set aside and the second respondent is directed to reconsider the application of the petitioner in accordance with the decisions rendered by this Court in W.P.(C) No.13042/2014 dated 10.07.2014 and in accordance with law, within a period of 15 days from the date of receipt of a copy of this judgment.

P.BHAVADASAN JUDGE