IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 3 OF 2016
PETITIONER:
ZAVIER
AGED 54 YEARS
S/O. JOSEPH, PALLIPATU HOUSE, IRINJALAKUDA VILLAGE DESOM, THRISSUR
DITRICT - 680 121.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE IRINJALAKUDA MUNICIPALITY
REP. BY ITS SECRETARY, IRINJALAKUDA P.O.,
THRISSUR DISTRICT - 680 121.
BY ADVS.
R1 BY SRI.ARAVIND P. MATHEW, GOVERNMENT PLEADER
R2 BY SRI.K.K.CHANDRAN PILLAI SR.
SMT.S.AMBILY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3 of 2016 2
JUDGMENT
Dated this the 17th day of June 2022 This writ petition is filed by the petitioner seeking the following reliefs:
1) Call for the records leading to Exhibit P5 and may be pleased to quash the same.
2) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to grant building permit to the petitioner within stipulated time limits in the interest of justice.
3) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.
2. According to the petitioner, petitioner is an owner in possession of an extent of 12.14 Ares of land situated in Sy.No.294 of Irinjalakkuda Municipality. In order to construct an apartment complex, petitioner has submitted an application for building permit, which was declined as per Exhibit P5 order dated 7.8.2015 of the Secretary of the Irinjalakkuda Municipality - the 2 nd respondent, on the ground that the property is a paddy field and no permit can be granted in terms of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Kerala Municipality Building Rules, 1999. It is thus challenging the legality and correctness of Exhibit P5, the writ petition is filed.
W.P.(C) No.3 of 2016 3
3. However, today when the matter is taken up, learned counsel for petitioner fairly submitted that the writ petition can be disposed of, leaving open the liberty of the petitioner to approach the Statutory Authority constituted as per the provisions of Act, 2008.
In that view of the matter, the writ petition is disposed of, leaving open the liberty of the petitioner to approach the statutory authority in contemplation of the provisions of Act, 2008. Needless to say, if any enabling orders are produced by the petitioner, along with a fresh application for building permit, it shall be considered by the Secretary of the Municipality, in accordance with law.
Sd/-
SHAJI P.CHALY
smv JUDGE
W.P.(C) No.3 of 2016 4
APPENDIX OF WP(C) 3/2016
PETITIONER'S EXHIBITS
P1 - A TRUE COPY OF THE DOCUMENT BEARING
NO. 814/90 DT. 10.5.90 OF THE IRINJALAKUDA S R O.
P2 - A TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER DT.
29.5.2014.
P3 - A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE SECOND RESPONDENT DT. 04.7.2015.
P4 - A TRUE COPY OF THE APPROVED PLAN DATED NIL.
P5 - A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DT. 17.8.2015.