Kerala High Court
Francis Lourd Sam vs The Palakkad Municipality on 5 April, 2024
WP(C) No.9620/2024 1/3 Order Date : 05-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
WP(C) NO. 9620 OF 2024
PETITIONER:
FRANCIS LOURD SAM, AGED 80 YEARS, S/O. LOURD SAM, THEKKEKARA HOUSE,
PANAMKALAM, CHANDRANAGAR P.O, PALAKKAD DISTRICT, PIN - 678007
RESPONDENTS:
1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL
OFFICE, PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
2. THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD
HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
3. THE DISTRICT TOWN PLANNING OFFICER, PALAKKAD, CIVIL STATION,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to permit to the petitioner to construct a house in the plot
subject to any conditions that this hon'ble court may be pleased to
impose, pending disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
12.03.2024 and upon hearing the arguments of M/S. JACOB SEBASTIAN, WINSTON
K.V & ANU JACOB, Advocates for the petitioner, the court passed the
following:
WP(C) No.9620/2024 2/3 Order Date : 05-04-2024
MOHAMMED NIAS C.P., J
............................................................
WP(C)Nos.36078, 34899 & 28464 of 2023
&
3507, 3616 & 9620 of 2024
.............................................................
Dated this the 5th day of April, 2024
ORDER
All these cases relate to the rejection of building permits on the ground that the properties belong to paddy zone in the existing master plan. Though the learned counsel for the petitioners places reliance on the judgment of this Court in WP(C)No.24396/2021 dated 15.3.2022 and also Ex.P6 order passed by the Chief Town Planner, for effective adjudication of the writ petition, the nature of the adjacent zone is relevant more so in the light of the order passed by the Chief Town Planner, Ext.P6. The petitioners also have a specific case that the adjacent land zone is a mixed zone and that there are several commercial and residential buildings in the area.
Given the above contentions, there will be a direction to the Municipality to conduct a site inspection of the properties in question. The Municipality will also intimate the details of the permits for construction of the commercial or other buildings issued in the vicinity of the properties in question for which building permits have been applied for. An affidavit along with the report shall be filed on or before 21.5.2024. Post these matters on 21.5.2024.
Sd/-
MOHAMMED NIAS C.P. JUDGE dlk/5.4.2024 WP(C) No.9620/2024 3/3 Order Date : 05-04-2024 APPENDIX OF WP(C) 9620/2024 Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.09.2023 ISSUED BY THE VILLAGE OFFICER; PALAKKAD-2 VILLAGE.
Exhibit-P2 A TRUE COPY OF THE REJECTION LETTER DATED 01.03.2024 ISSUED BY THE SECOND RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE LETTER DATED 01.02.2020 ISSUED BY THE CHIEF TOWN PLANNER.
Exhibit-P3(a) A TYPED COPY OF THE EXHIBIT-P3. Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022 IN W.P.(C) NO.24396/2021 OF THIS HONOURABLE COURT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023 IN W.P. (C) NO.14613/2020 OF THIS HONOURABLE COURT.