Mahathma Gandhi Nagar Residents ... vs State Of Kerala

Kerala High Court

Mahathma Gandhi Nagar Residents ... vs State Of Kerala on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 3375 OF 2017
PETITIONERS:
     1     MAHATHMA GANDHI NAGAR RESIDENTS ASSOCIATION
           IRINGOL P.O., PERUMBAVOOR REPRESENTED BY ITS
           SECRETARY,P.R.RAJAGOPAL.

    2       SUDHI V.D
            AGED 42 YEARS
            AGED 42 YEARS, S/O. DIVAKARAN,VAZHAYIL HOUSE, IRINGOL
            P.O.,PERUMBAVOOR.

            BY ADV SRI.B.PRAMOD


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,LOCAL SELF GOVERNMENT
           DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM.
    2       THE CHIEF TOWN PLANNER
            DEPARTMENT OF TOWN AND COUNTRY PLANNING,SWARAJ BHVAN,
            NANTHANCODE,THIRUVANANTHAPURAM - 695 003.
    3       THE SENIOR TOWN PLANNER
            THE REGIONAL TOWN PLANNING OFFICE,ERNAKULAM.
    4       PERUMBAVOOR MUNICIPALITY
            PERUMBAVOOR P.O., ERNAKULAM,REPRESENTED BY ITS
            SECRETARY.
    5       JOSE CHACKO
            MANAGING DIRECTOR, DELTA PLY WOOD CO. PVT. LTD,IRINGOL
            P.O., PERUMBAVOOR.
            BY ADVS.
            GOVERNMENT PLEADER
            SRI.V.M.KURIAN, SC, PERUMBAVOOR MUNICIPALITY
            SRI.JACOB P.ALEX
            SRI.JOSEPH P.ALEX

            SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.3375 of 2017


                                       2

                   P.V.KUNHIKRISHNAN,J.
                ---------------------
                   W.P (C) No.3375 of 2017
             ---------------------------
               Dated this the 21st day of May, 2024

                                 JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of certiorari calling for the original of Ext.P2 draft master plan and Ext.P3 notice to the extent it categorized the 5th respondent's business concern in question as a 'preferred industry'

ii) Declare that the preparation and publication of Ext.P2 draft master plan was illegal and arbitrary.

iii) Issue such other order as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case." [SIC]

2. The main challenge in this writ petition is against the draft master plan prepared by the Municipality. It seems that the draft master plan is not finalised. If the petitioners have got any grievance against the final draft master plan, the petitioners can challenge the same in accordance with law.

Granting liberty to the petitioners to challenge the final master plan, this writ petition is closed. All the contentions raised by the petitioners in this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.3375 of 2017 3 APPENDIX OF WP(C) 3375/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE DRAFT MASTER PLAN PREPARED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 04.11.2016 PUBLISHED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT DATED 19.1.2017 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.