WP(C) NO. 35302 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944
WP(C) NO. 35302 OF 2016
PETITIONER/S:
SALAFI EDUCATION CHARITABLE TRUST
THAYATHERU ROAD, KANNUR-670 001 REPRESENTEDBY ITS
GENERAL SECRETARY SHAKEER C.C,S/O ABDUL RAHIM, AGED
48, KANNUR 1 AMSOMKANNOTHUMCHAL DESOM, KANNUR.
BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.E.MOHAMMED SHAFI
SRI.PRAJIT RATNAKARAN
RESPONDENT/S:
1 THE KANNUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, KANNUR-670 001.
2 THE SECRETARY
KANNUR MUNICIPAL CORPORATION, KANNUR-670 001.
BY ADVS.
SMT.S.AMBILY
SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION
SRI.ABILASH THOMAS
SRI.K.K.CHANDRAN PILLAI SR.
SMT.ELSA DENNY PINDIS
SRI.K.V.KRISHNAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35302 OF 2016 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 35302 of 2016
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Dated this the 22nd day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
(i) Issue a writ of certiorari or such other writ quashing Exhibit P3
(ii) Issue a writ of mandamus or such other writ or order directing respondents to consider the application submitted by petitioner for construction of dormitory building in Re Sy.No. 933/2A2 of Ward 6 Block No.19 in Kannur Municipal Corporation ignoring the proposal to widen the road on the northern side of the above property.
(iii) Grant such other relief's as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case." [SIC]
2. The building permit application of the petitioner is rejected as per Ext.P3. The main reason mentioned in Ext.P3 is that the area is included in the master plan. I see no reason to interfere with Et.P3 order. But the counsel for the petitioner submitted that this Court may not decide the matter and leave open all the contentions.
Therefore, this writ petition is closed, leaving open all the contentions raised by the petitioner in this writ petition.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 35302 OF 2016 3 APPENDIX OF WP(C) 35302/2016 PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE ASSIGNMENT DEED NO.2762/2016 DATED 13.8.2015.
EXHIBIT P2: TRUE COPY OF THE SITE PLAN AND LOCATION MAP.
EXHIBIT P3: TRUE COPY OF THE NOTICE DATED 26.5.2016 ISSUED BY 2ND RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R1(A): TRUE COPY OF THE GO (MS) NO.33/16/LSGD DATED 12.2.2016 EXHIBIT R1(B) TRUE COPY OF THE GO (MS) NO.38/16/LSGD DATED 19.2.2016 EXHIBIT R1(C) A TRUE COPY OF THE PROGRESSIVE REPORT PREPARED BY THE SECRETARY, KANNUR MUNICIPAL COPORATION