Kerala High Court
Thulasi Dhanapalan vs Kodungallur Municipality on 15 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14102 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 14102 OF 2025
PETITIONER:
THULASI DHANAPALAN,
AGED 78 YEARS
KALATHIPARAMBIL HOUSE, KOTTAPPURAM. P.O.,
KODUNGALLUR, THRISSUR, PIN - 680664
BY ADVS. SRI.KODOTH SREEDHARAN
SHRI.CHACKOCHEN VITHAYATHIL
SHRI.ABHIRAM T.K.
SHRI.JIPSON JOHN
RESPONDENTS:
1 KODUNGALLUR MUNICIPALITY,
KODUNGALLUR P.O., KODUNGALLUR, THRISSUR ,
REPRESENTED THROUGH ITS SECRETARY, PIN - 680664
2 THE SECRETARY,
THE KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O.,
KODUNGALLUR, THRISSUR, PIN - 680664
3 STATE OF KERALA ,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT , LOCAL SELF GOVERNMENT (RC) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
*4 ADDL.R4. THE KERALA COASTAL ZONE MANAGEMENT
AUTHORITY,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS
TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM - 695001
*(ADDL.R4 IS IMPLADED AS PER ORDER DATED 03-07-2025
IN IA 1/2025 IN WPC 14102/2025)
BY ADV SHRI.PRAKASH M.P., SC, KCZMA
SMT.PREETHA K K, GP
SRI.K A NOUSHAD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14102 OF 2025 2
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JUDGMENT
Dated this the 15th day of July, 2025 The writ petition is filed to quash Ext.P3 order and direct the 1st respondent to reconsider Ext.P2 application for building permit expeditiously.
2. The petitioner is the owner in possession of 2.01 Ares of land in Methala Village, Kodungallur Taluk covered under Ext.P1 land tax receipt situated within the territorial limits of the 1st respondent Municipality. The petitioner has submitted Ext.P2 application for building permit to construct a residential building having a plinth area of 201 square meter. However, by Ext.P3 letter, the 2nd respondent has rejected the application on the ground that there is a proposal to widen the road in front of the petitioner's property as per the master plan and further that the petitioner requires a No Objection Certificate (NOC) from the Coastal Regulation Zone Authority. Immediately on receipt of Ext.P3 letter, the petitioner WP(C) NO. 14102 OF 2025 3 2025:KER:52085 submitted Ext.P4 purchase notice before the 1 st respondent under Section 67(1) of the Kerala Town and Country Planning Act, 2016 ('Act', in short) requesting them to purchase the said property. But by Ext.P5 order, the 2nd respondent has rejected the said purchase notice. As the petitioner proposes to construct a building below 300 square meter and that the 2nd respondent has not purchased the petitioner's property even after lapse of 60 days, Ext.P3 letter is untenable.
3. In the statement filed by the respondents 1 and 2, it is admitted that the petitioner proposes to construct a residential building having a plinth area of 201 meter square and the petitioner's purchase notice has been rejected by the decision dated 06.03.2025 of the Council of the 1st respondent Municipality. Therefore, the writ petition is only to be dismissed.
4. Pursuant to the directions of this Court, the petitioner has impleaded the additional 4th respondent in the writ petition.
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5. Heard; the learned counsel for the petitioner, the learned Standing Counsel appearing for the respondents 1 and 2, the learned Government Pleader and the learned Standing Counsel appearing for the 4 th respondent .
6. The learned Standing Counsel appearing for the 4th respondent drew the attention of this Court to Regulation 7(vi) of the Coastal Regulation Zone Notification, 2019 and submitted that, only if the dwelling unit exceeds 300 square meters, it is necessary to obtain a NOC from the Coastal Zone Management Authority. In the case at hand since the petitioner's residential building is having a plinth area of less than 300 square meters, there is no necessity to obtain a NOC.
7. In light of the above submission, the 2nd respondent's contention that the petitioner has to obtain a NOC from the 4th respondent is unwarranted.
8. It is not in dispute that, by Ext.P4 purchase notice issued under Section 67(1) of the Act, the WP(C) NO. 14102 OF 2025 5 2025:KER:52085 petitioner requested the 1st respondent to purchase the said property. But, the Council of the 1 st respondent has rejected the notice as per Ext.P5 decision.
9. In a plethora of judgments, this Court has held that, once a purchase notice is issued and the authority fails to act within the prescribed time under Section 67(1) of the Act, then the right of the land owner gets crystalised to use the property for any other purpose in accordance with law, and is not bound by any approved Master plan/DTP Scheme. After the lapse of the period, there is no legal restriction for the authority to act on the application for the building permit [Read the decisions in Town Planner, District Town Planning Office v. Joseph Jacob (2023 KHC 145) and Pradeep Kumar P.B. and others v. Maradu Municipality and others (2022 (3) KHC 253)].
10. In light of Regulation 7(vi) of the Notification and in view of the exposition of law in the aforecited decisions, I hold that the writ petition is only to WP(C) NO. 14102 OF 2025 6 2025:KER:52085 be allowed in the following manner:
(i) Exts.P3 letter and P5 decision are quashed.
(ii) The 2nd respondent is directed to reconsider Ext.P2 application, in accordance with law and as expeditiously as possible, at any rate, within 30 days from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE NAB WP(C) NO. 14102 OF 2025 7 2025:KER:52085 APPENDIX OF WP(C) 14102/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 10/10/2024 EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 06/01/2025 EXHIBIT P3 TRUE COPY OF THE REPLY LETTER DATED 25/01/2025 BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REQUEST LETTER DATED 10/02/2025 BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE DECISION DATED 06/03/2025 EXHIBIT P5(a) TRUE COPY OF THE INTIMATION FROM THE 1ST RESPONDENT TO THE PETITIONER DATED 17/03/2025 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
27342/2023 DATED 18-3-2024