Kerala High Court
Joshy K Joseph vs State Of Kerala on 21 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:54162
WP(C) NO. 24031 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 24031 OF 2025
PETITIONER:
JOSHY K JOSEPH
AGED 52 YEARS
S/O AIPE JOSEPH, NOW RESIDING AT KUNAMPARAMBIL
HOUSE, NJARAKKAL P.O, KOCHI,ERNAKULAM, PIN - 682505
BY ADV SRI.DENIZEN KOMATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
ADMINISTRATION (G) DEPARTMENT, THIRUVANANTHAPURAM.,
PIN - 695001
2 NJARAKKAL GRAMA PANCHAYAT
OFFCE OF NJARAKAL GRAMA PANCHAYT, HOSPITAL
JUNCTION, NJARAKKAL POST, KOCHI - REPRESENTED BY
ITS SECRETARY.,ERNAKULAM, PIN - 682505
3 SECRETARY
OFFCE OF NJARAKAL GRAMA PANCHAYT, HOSPITAL JUNCTION
,NJARAKKAL ,NJARAKKAL POST, KOCHI,ERNAKULAM, PIN -
682505
4 SENIOR TOWN PLANNING OFFICER
LOCAL SELF GOVERNMENT DEPARTMENT (PLANNING), OFFICE
OF THE DISTRICT TOWN PLANNING OFFICER, IVTH FLOOR,
CIVIL STATION, KAKKANAD,ERNAKULAM., PIN - 682030
BY ADV SHRI.K.S.ARUN KUMAR
2025:KER:54162
WP(C) NO. 24031 OF 2025
2
SR.GP SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:54162
WP(C) NO. 24031 OF 2025
3
Dated this the 21st day of July, 2025
JUDGMENT
The writ petition is field to quash Ext.P5 order and direct the 3rd respondent to reconsider the petitioner's application to change the occupancy of a residential building to a commercial building in the ground floor.
2. The petitioner is the owner in possession of the property covered under Ext.P1 sale deed and situated within the territorial limits of the 2 nd respondent Panchayat. The petitioner has constructed a residential building in the property as evidenced by Ext.P3 ownership certificate. The petitioner had submitted an application to change the occupancy of the building from a residential building to a commercial building in the ground floor and renovate the building by constructing an additional floor and the ground floor to be partially converted as a commercial building by constructing two 2025:KER:54162 WP(C) NO. 24031 OF 2025 4 shop rooms. But, by the impugned Ext.P5 order, the 2 nd respondent has rejected the application on the ground that there is a proposal to widen the Vypin-Pallipuram State Highway. Therefore, the petitioner must leave the mandatory setback, otherwise it would be violative of the Town Planning Scheme. The Cochin Structural Plan came into force nearly four decades back. The petitioner's plot has a length of only 3.24 metres. Therefore, he has no place to provide the setback as directed by the 3rd respondent. The Cochin Structural Plan has not been given effect till date. Apart from freezing of land on either side of the State Highway for nearly four decades, nothing has been done to implement the structural plan. In Exts.P6 to P9 judgments rendered by this Court in cases of identical nature, it has been held that the Cochin Structural Plan has become obsolete. The petitioner is entitled to the benefit of the above judgments. Therefore, Ext.P5 may be quashed.
2025:KER:54162 WP(C) NO. 24031 OF 2025 5
3. Heard; the learned counsel for the petitioner, the learned Special Government Pleader and the learned Standing Counsel for the respondents 2 to 4.
4. The learned Counsel for the petitioner relied on the judgment of the Division Bench of this Court in W.A.No.1448/2025, an appeal filed by the State challenging the judgment in an identical matter. The said appeal was also dismissed.
5. The learned Special Government Pleader submits that, it was only because the State was aggrieved by the observations made by this Court that, the Cochin Structural Plan has become obsolete, the Writ Appeal was filed. The Division Bench has insulated the interest of the State. She also submitted that the Cochin Structural Plan has been revised and has come into force in 2024. However, the places situated in the outskirts of the city are still governed by the old plan. The observations made by this Court in Exts.P6 to P9 2025:KER:54162 WP(C) NO. 24031 OF 2025 6 judgments, that the Cochin Structural Plan is obsolete, is incorrect. She also stated that the studies to revise the structural plan in the areas situated in the outskirts of the city are in progress. Nonetheless, she could not give a definite time period within which the structural plan for the said areas would be revised.
6. It is not in dispute that, Ext.P9 judgment was rendered by this Court in respect of construction of a building within the 2nd respondent Panchayat. This Court has categorically observed that, in number of judgments rendered by this Court it is observed that the authorities have ignored the structural plan and have issued building permits to several persons, irrespective of the zones and anticipated road widening. Therefore, the strict compliance of the structural plan cannot be insisted upon.
7. In light of the above exposition of law and the judgment in W.A.No.1448/2025, I am of the firm view that the petitioner cannot be discriminated on the ground that 2025:KER:54162 WP(C) NO. 24031 OF 2025 7 the structural plan would be revised in the future.
In the above circumstances, without making any observation regarding the structural plan, but considering that several buildings have been constructed within the 2nd respondent Panchayat, despite the anticipated widening of the Vypin-Pallipuram State Highway, I quash Ext.P5 order and direct the 3 rd respondent to reconsider the petitioner's application for change of occupancy, if the application is otherwise in order, in accordance with law and as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE rmm21/7/2025 2025:KER:54162 WP(C) NO. 24031 OF 2025 8 APPENDIX OF WP(C) 24031/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED DOCUMENT BEARING NO 1933/2017 OF NJARAKKAL SUB REGISTRAR OFFICE Exhibit P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF THE SAID PROPERTY DATED 12.06.2025 FOR THE FINANCIAL YEAR 2025-2026 Exhibit P3 TRUE PHOTOCOPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE 2ND RESPONDENT PANCHAYAT OF THE ABOVE SAID PROPERTY DATED 20.06.2023 Exhibit P4 TRUE PHOTOCOPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS Exhibit P5 TRUE PHOTOCOPY OF THE IMPUGNED REJECTION LETTER ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 22.08.2024 Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C NO. 1264/21 DATED 09-07-2021 Exhibit P7 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C NO. 14059/2022, DATED 26.04.2022 Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 10201/2023 DATED 23.06.2023 Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 22799/2023 DATED 24.07.2023 Exhibit P10 TRUE PHOTOCOPY OF THE RESOLUTION NO.7 DATED 23.06.2023 OF 2NDRESPONDENT GRAMA PANCHAYAT COMMITTEE Exhibit P11 TRUE PHOTOCOPY OF THE RESOLUTION NO.11 DATED 30.10.2024 OF 2ND RESPONDENT -GRAMA PANCHAYAT COMMITTEE