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Kerala High Court
Mohammed Anwar vs The Thrissur Corporation on 21 May, 2024
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 30030 OF 2023
PETITIONER:
JAHANGEER, AGED 51 YEARS,
S/O AHAMMEDKUTTY HAJI ,ARAKKAL VETTATHU HOUSE,
PALUPAI.P.O. CHAVAKKAD, THRISSUR DISTRICT, PIN
-680522.
BY ADV. SRI.ROY CHACKO
RESPONDENTS:
1 THRISSUR CORPORATION,
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE
THRISSUR, PIN - 680001.
2 THE EXECUTIVE ENGINEER,
THRISSUR CORPORATION,CORPORATION OFFICE
THRISSUR, PIN - 680001.
3 THE ASSISTANT EXECUTIVE ENGINEER,
THRISSUR CORPORATION, CORPORATION
OFFICE,THRISSUR, PIN - 680001.
4 THE ASSISTANT ENGINEER
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR, PIN - 680001.
BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30032/2023
& 1911/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 30032 OF 2023
PETITIONER:
ANTONY KAVALAKKAT, AGED 46 YEARS,
S/O FRANCIS, KAVALAKKAT, HOUSE, BISHOP PALACE
ROAD, THRISSUR, PIN - 680005.
BY ADV. SRI. ROY CHACKO
RESPONDENTS:
1 THE THRISSUR CORPORATION,
REPRESENTED BY THE SECRETARY, CORPORATION
OFFICE,THRISSUR, PIN - 680001.
2 THE EXECUTIVE ENGINEER,
THRISSUR CORPORATION, CORPORATION OFFICE ,
THRISSUR, PIN - 680001.
3 THE ASSISTANT EXECUTIVE ENGINEER,
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR, PIN - 680001.
4 THE ASSISTANT ENGINEER,
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR, PIN - 680001.
BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30030/2023
& 1911/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 1911 OF 2024
PETITIONERS:
1 MOHAMMED ANWAR, AGED 67 YEARS,
S/O. IBRAHIMKUTTY, ARAVALAPPIL HOUSE, PUTHUMANAS
SERY DESOM &VILLAGE, PAVARATTY GRAMA PANCHAYATH,
P.O. PARAVATTY, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680507.
2 SHUHAIBA ABDHUL AZIZ, AGED 44 YEARS,
W/O. ABDUL AZEEZ,SUDANATH HOUSE, PUTHUMANASSERY
DESOM&ROAD,PAVARATTY
GRAMAPANCHAYATH&P.O.,CHAVAKKAD TALUK,THIISSUR
DISTRICT, PIN - 680507.
3 MOHAMMED AFZAL, AGED 34 YEARS,
S/O. MANATHUVALAPPIL MOHAMED ANWAR,ARAVALAPPIL
HOUSE,PUTHUMANASSERY DESOM& ROAD,PAVARATTY GRAMA
PANCHAYATH & VILLAGE, P.O. PARAVATTY, CHAVAKKAD
TALUK, THRISSUR DISTRICT.REPRESENTED BY THE
POWER OF ATTORNEY HOLDER SRI. MUHAMMED ANWAR,
1ST PETITIONER,S/O. IBRAHIMKUTTY,ARAVALAPPIL
HOUSE,PUTHUMANAS SERY DESOM&ROAD,PAVARATTY GRAMA
PANCHAYATH,& VILLAGE, ,P.O. PARAVATTY, CHAVAKKAD
TALUK,THRISSUR DISTRICT, PIN - 680507.
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..4..
4 SAJEENA ANWAR, AGED 55 YEARS, W/O.
MANATHUVALAPPIL MOHAMED ANWAR,ARAVALAPPIL
HOUSE,PUTHUMANASSERY DESOM& ROAD, PAVARATTY
GRAMA PANCHAYATH & VILLAGE, ,P.O. PARAVATTY,
CHAVAKHAD TALUK, THRISSUR DISTRICT, REPRESENTED
BY THE POWER OF ATTORNEY HOLDER SRI. MUHAMMED
ANWAR, 1ST PETITIONER, S/O.
IBRAHIMKUTTY,ARAVALAPPIL HOUSE,PUTHUMANAS
SERYDESOM & ROAD,PAVARATTY GRAMA PANCHAYATH, &
VILLAGE,P.O. PARAVATTY, CHAVAKKAD TALUK,THRISSUR
DISTRICT, PIN - 680507.
5 HENNA FATHIMMA, AGED 27 YEARS,
W/O. ARSHAD NAZAR,MC HOUSE, MANNAM
P.O.,CHITTATTUKKARA, NORTH
PARAVUR,ERNAKULAM.REPRESENTED BY THE POWER OF
ATTORNEY HOLDER SRI. MUHAMMED ANWAR, 1ST
PETITIONER, S/O. IBRAHIMKUTTY,ARAVALAPPIL
HOUSE,PUTHUMANAS SERYDESOM & ROAD,PAVARATTY
GRAMA PANCHAYATH,& VILLAGE,P.O. PARAVATTY,
CHAVAKKAD TALUK,THRISSUR DISTRICT,T PETITIONER,
PIN - 683520.
6 AQSA AZIZ, AGED 26 YEARS,
W/O. HAFEEL ABDUL RCHIMAN,ERAVALLAPPIL
HOUSE,PUTHUMANASSERY, PAVARATRY, THRI SSUR
DISTRICT.REPRESENTED BY THE POWER OF ATTORNEY
HOLDER SRI. MUHAMMED ANWAR, 1ST PETITIONER, S/O.
IBRAHIMKUTTY,ARAVALAPPIL HOUSE,PUTHUMANAS SERY
DESOM& ROAD,PAVARATTY GRAMA PANCHAYATH,&
VILLAGE,P.O. PARAVATTY, CHAVAKKAD TALUK,THRISSUR
DISTRICT, PIN - 680507.
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..5..
7 RINSHA MUHAMMED SHAREEF, AGED 25 YEARS,
W/O. MUHAMMED AFEEZ,ELLUPARAMBIL
HOUSE,MATHILAKAM GRAMAPANCHAYATH,
KOOLIMUTTAM,P.O.THRISSUR DISTRICT, REPRESENTED
BY POWER OF ATTORNEY HOLDER, SHUHAIBA ABDHUL
AZIZ 2ND PETITIONER ,W/O. ABDUL
AZEEZ,PUTHUMANASSERYDESOM & ROAD,PAVARATTY GRAMA
PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
TALUK,THRISSUR DISTRICT, PIN - 680691.
8 MUHAMMED NIYAS UMMER, AGED 32 YEARS,
S/O. URMER,PUNAYOORKULAM, THRISSUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,SHUHAIBA
ABDHUL AZIZ ,2 ND PETITIONER, W/O. ABDUL
AZEEZ,PUTHUMANAS SERY DESOM, & ROAD,PAVARATTY
GRAMA PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
TALUK,THRISSUR DISTRICT, PIN - 679561.
9 LIYASA MUHAMMEDUNNI, AGED 25 YEARS,
W/O. MUHAMMED NIYAS UMMER,POOTHUNGALAYI
HOUSE,CHAVAKKAD TALUK,PUNNAYOORKULAM P.O.
THRISSUR DISTRICT. REPRESENTED BY POWER OF
ATTORNEY HOLDER, SHUHAIBA ABDHUL AZIZ 2 ND
PETITIONER, W/O. ABDUL AZEEZ,PUTHUMANAS SERY
DESOM & ROAD,PAVARATTY GRAMA PANCHAYATH, P. O.
PAVARATTY,CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN
- 679561.
10 HALEEMA ABDHUL AZIZ(MINOR), AGED 16 YEARS,
D/O. ABDUL AZEEZ,SOOTHANATH HOUSE ,PAVARATTY
VILLAGE,CHAVAKKADU TALUK, PUTHUMANASSERY
DESOM,THRISSUR DISTRICT,REPRESENTED BY
GUARDIAN(MOTHER) POWER OF ATTORNEY HOLDER,
SHUHAIBA ABDHUL AZIZ, 2 ND PETITIONER, W/O.
ABDUL AZEEZ,PUTHUMANASSERYDESOM &ROAD, PAVARATTY
GRAMA PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
TALUK,THRISSUR DISTRICT, PIN - 680507.
BY ADV. SRI. ROY CHACKO
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..6..
RESPONDENTS:
1 THE THRISSUR CORPORATION,
THE THRISSUR CORPORATION, REPRESENTED BY ITS
SECRETARY, CORPORATION OFFICE, THRISSUR, PIN -
680001.
2 THE EXECUTIVE ENGINEER,
THRISSUR CORPORATION,CORPORATION
OFFICE,THRISSUR, PIN - 680001.
3 THE ASSISTANT EXECUTIVE ENGINEER,
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR -, PIN - 680001.
4 THE ASSISTANT ENGINEER,
THRISSUR CORPORATION, CORPORATION OFFICE,
THRISSUR., PIN - 680001.
BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30030/2023
& 30032/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024
..7..
MOHAMMED NIAS C. P. , J.
=============================
W. P. (C) Nos. 30030 & 30032 of 2023
and
W. P. (C) No. 1911 of 2024
=============================
Dated this the 21st day of May, 2024
JUDGMENT
In all these Writ Petitions, the petitioners challenge the rejection of the applications seeking building permits on the ground that construction of commercial buildings was not permissible under the DTP Scheme then in existence.
2. Both the learned counsel for the petitioners and the learned Standing Counsel for the Corporation submit that a revised Master Plan came into existence in the year 2021 as per which the properties in these cases come under the Mixed Zone.
3. The requests for building permits were rejected since the DTP Scheme then in force restricted the construction of commercial buildings. W. P. (C) Nos. 30030 & 30032 of 2023 and W. P. (C) No. 1911 of 2024 ..8..
In view of the revised Master Plan of the Thrissur Corporation sanctioned by the Government in February 2021, which included the subject properties in the Mixed Zone, there will be a direction to the respondents to reconsider the applications for building permits submitted by the petitioners in accordance with law and as per the revised Master Plan within six weeks from the date of receipt of a copy of this judgment.
4. In case the Corporation needs any clarification from the petitioners, they will be put on notice and the petitioners will be afforded an opportunity for hearing before a decision is taken on their applications.
The Writ Petitions are allowed as above.
Sd/-
MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) Nos. 30030 & 30032 of 2023 and W. P. (C) No. 1911 of 2024 ..9..
APPENDIX OF WP(C).NO.30030/2023 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 377/09 DATED 15.1.2007 EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.5787/07 DATED3.8.2007 EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT NO. DW3/BA/480/12- 13 DATED 6.3.2013 EXHIBIT P4 TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF LAND TAX DATED 28.7.2022 EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE, DATED21.2.2023 EXHIBIT P6 TRUE COPY OF THE LETTER DATED 10.4.2023. BEFORE THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 4.5 2023 EXHIBIT P8(A) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(B) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(C) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(D) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(E) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(F) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8(G) TRUE COPY OF THE PHOTOGRAPH W. P. (C) Nos. 30030 & 30032 of 2023 and W. P. (C) No. 1911 of 2024 ..10..
APPENDIX OF WP(C).NO.30032/2023 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 22.07.2011 ISSUED BY THE ADATT GRAMA PANCHAYATH .
EXHIBIT P2 TRUE COPY OF THE PARTITION DEED DATED 19.01.2013NO. W 732429 EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 26.05.2023 IN REGARD TO THE PAYMENT OF LAND TAX FOR THE VARIOUS ITEMS OF PROPERTIES FOR THE YEAR 2023-24 EXHIBIT 4 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 29.5.2023 EXHIBIT P6(A) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P5 TRUE COPY OF THE COMMUNICATION PROCESSED BY 1ST RESPONDENT DATED 30.6.2023 EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE SPECIAL COMMITTEE DATED 22.10.2022 EXHIBIT P6(B) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(C) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(D) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(E) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(F) TRUE COPY OF THE PHOTOGRAPH W. P. (C) Nos. 30030 & 30032 of 2023 and W. P. (C) No. 1911 of 2024 ..11..
EXHIBIT P6(G) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(H) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(I) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(J) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6(K) TRUE COPY OF THE PHOTOGRAPH EXHIBIT P7 TRUE COPY OF THE CHAPTER 29 OF THE MASTER PLAN FOR THRISSUR CITY RELATING TO DETAILED TOWN PLANNING SCHEME AND THEIR REVOCATION IN RESPECT OF 12 SCHEMES.
W. P. (C) Nos. 30030 & 30032 of 2023 and W. P. (C) No. 1911 of 2024 ..12..
APPENDIX OF WP(C).NO.1911/2024 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEEDNO.2358/1/2023 DATED 11.8.23 EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.228L/2023 DATED 29.07.2023 OF S.R.O. THRISSUR.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR PERMIT (SEE RULE 5 (1) ,75(1),87(1), AND 93(1) DATED 12.04.2023 EXHIBIT P4 TRUE COPY OF THE PAY MENT OF RECEIPT NO CH/2023/9288 DATED 30.6.23 EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT NO 08016006633/2023 DATED NIL EXHIBIT P6 TRUE COPY OF COMMUNICATION DW5/BA/55/23-24 DATED 22.8.2023