Sulfeekarali v. Manjeri Municipality

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 29042 of 2015 (E) PETITIONER:

-------------------------- SULFEEKARALI, S/O.ABDULLA, POOZHIKUTH HOUSE, CHERANI KARUVAMBRAUM P.O., MANJERI MALAPPURAM DISTRICT, PIN-676 123.

BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI RESPONDENTS:

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

1. MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY-676 121.

2. SECRETARY, MANJERI MUNICIPALITY, MANJERI, MALAPPURAM DISTRICT-676 121.

BY SRI.K.SHIBILI NAHA, SC, MANJERI MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29042 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF DOCUMENT NO.5703/2014 OF SRO MANJERI. EXT.P2:

TRUE COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER ALONG WITH THE APPLICATION FOR REGULARIZATION. EXT.P3:

TRUE COPY OF THE NOTICE/ORDER VIDE NO.BA-74/15-16 DATED 23.06.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO. 29042 OF 2015 ---------------------------------------- Dated this the 15th day of October, 2015

JUDGMENT

The mere fact that there is a proposal to widen the road under the detailed town planning scheme in future is not a reason enough to decline the building permit as sought by the petitioner.

2.

I quash Ext. P3 order declining building permit and further direct the second respondent to reconsider the application put in by the petitioner for building permit as per law within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS