IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 4531 OF 2022
PETITIONERS:
1 M/S. HEBRON PROPERTIES PRIVATE LTD
MARADU, ERNAKULAM, PIN CODE -682 304
REPRESENTED BY IT'S DIRECTOR
DEAN JAMES MATHEW
2 M/S. AMV INFRASTRUCTURE AND PROPERTIES PRIVATE LIMITED
DOOR NO.11/585 - F, 4TH FLOOR ,
AMV TOWER, KUNDANOOR JUNCTION,
MARADU P.O, KOCHI-682 304
REPRESENTED BY ITS MANAGING DIRECTOR
ANIL SHARMA
BY ADV NAVEEN THOMAS
RESPONDENTS:
1 MARADU MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
KRL RD, KUNDANNOOR, MARADU,
ERNAKULAM, KERALA, PIN - 682 304
2 DISTRICT TOWN PLANNER
LSGD PLANNING, DPC SECRETARIAT BUILDING,
CIVIL STATION KAKKANAD,
ERNAKULAM, PIN - 682 030
BY ADV RAJAN T R
SRI.B.S. SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4531 OF 2022
2
T.R.RAVI, J.
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WP(C) NO.4531 OF 2022
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Dated this the 27th .day of May, 2022
JUDGMENT
The writ petition has been filed praying to quash Ext.P4 and for a direction to the 1st respondent to grant renewal of Ext.P1 building permit considering Exts.P3 and Ext.P5 to Ext.P8. The petitioners were granted Ext.P1 revised building permit on 11.06.2014. They had applied for renewal of the permit and the application has been rejected as per Ext.P4. The reason stated is that the property is situated in an industrial area and only construction up to 300 square meters can be permitted. It is also stated that the property is shown as converted land in the Data Bank and the petitioners have to produce orders permitting user of the land for other purposes.
2. The 1st respondent has filed a counter affidavit reiterating the reasons stated in Ext.P4 order. It is stated that the revised permit was issued on 08.02.2018 renewing the permit up to 10.06.2020 and that a stop memo had been issued on 04.06.2019 WP(C) NO. 4531 OF 2022 3 for the reason that NOC from the CRZ authority was not obtained. It is also stated that as per the Kochi City Structural Plan, the property is situated in an industrial area and that the property is shown in the Data Bank as converted property. It is further stated that on site inspection, the property is seen to be situated in CRZ II area but it is revealed that 63 meters distance has been left for the construction from the HTL and hence the property need not be treated as coming under CRZ II. Regarding the contention that the property is included in the industrial zone, Ext.P6 order which is issued by the 1 st respondent shows that the area is surrounded with residential buildings and it was wrongly zoned. In Ext.P7 judgment, this Court had in similar situations where the renewal was denied on the ground of zoning regulations, set aside the order of rejection and directed the respondents to grant renewal to the petitioners therein, if they are otherwise entitled. That was a case where contention of the respondents was that the property was situated in the agricultural zone. So also in Ext.P3 judgment in WP(C)No.19197 of 2020, this Court had rejected the contention that the property is included in the agricultural zone and directed renewal of the building permit. I find considerable force in the contentions put WP(C) NO. 4531 OF 2022 4 forward by the counsel for the petitioner and I do not find any reason to take a different view from that taken in the judgments cited.
3. In the result, the writ petition is allowed. Ext.P4 is quashed. The 1st respondent is directed to reconsider the application submitted by the petitioner for renewal of the property in accordance with law and to grant renewal, if the petitioner is otherwise entitled. The reason stated in Ext.P4 shall not be relied on, to reject the application. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 4531 OF 2022 5 APPENDIX OF WP(C) 4531/2022 PETITIONER'S EXHIBITS Exhibit P 1 THE TRUE COPY OF THE REVISED BUILDING PERMIT BEARING NUMBER BA/378/2012-13 DATED 11-06-2014 ISSUED BY THE RESPONDENT MARADU MUNICIPALITY.
Exhibit P 2 THE TRUE COPY OF THE LETTER DATED 12-01-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
Exhibit P 3 THE TRUE COPY OF THE REPRESENTATION DATED 15-01-2022 MADE BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
Exhibit P 4 THE TRUE COPY OF THE LETTER DATED 27-01-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
Exhibit P 5 THE TRUE COPY OF THE ORDER DATED 17-12-2011 IN THE SAID APPEAL NO.660/2011 ON THE FILE OF TRIBUNAL FOR SELF GOVERNMENT INSTITUTIONS , TRIVANDRUM.
Exhibit P 6 THE TRUE COPY OF THE ORDER DATED 17-05-2012 IN THE BA NO.186/11-12 ON THE FILE OF 1ST RESPONDENT.
Exhibit P 7 THE TRUE COPY OF THE JUDGMENT DATED 16/12/2021 OF HONOROUABLE HIGH COURT OF KERALA IN WP (C) NO.16737/2021.
Exhibit P 8 THE TRUE COPY OF THE JUDGMENT DATED 03/08/2021 OF HONOROUABLE HIGH COURT OF KERALA IN WP (C) NO.19197/2020.
RESPONDENT'S EXHIBITS
Exhibit R1(A) TRUE COPY OF THE RELEVANT PAGES OF THE ZONING
REGULATIONS
//TRUE COPY// PA TO JUDGE