Khadeeja Mankarathodi vs The Malappuram Municipality
2021 Latest Caselaw 11011 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.7698 OF 2021(J)


PETITIONER:

               KHADEEJA MANKARATHODI
               AGED 59 YEARS
               D/O KUNJIKKAMMU,MANKARATHODI HOUSE,
               MATTATHOOR,PANAKKADU,PATTARKADAVU.P.O,
               MALAPPURAM DISTRICT-676519.

               BY ADVS.
               SRI.R.RANJITH (MANJERI)
               SMT.T.U.ANUKRISHNA

RESPONDENTS:

      1        THE MALAPPURAM MUNICIPALITY
               REPRESENTED BY ITS SECRETARY MUNICIPAL
               OFFICE,MALAPPPURAM-676505.

      2        THE SECRETARY,MALAPPURAM MUNICIPALITY,
               MUNICIPAL OFFICE,MALAPPURAM-676505.

      3        THE DISTRIC TOWN PLANNER,
               CIVIL STATION,MALAPPURAM-676505.

               R1 AND R2 BY ADV SRI.E.S.M KABEER, SC
               R3 BY GP SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7698 OF 2021(J)

                                    2




                        Sathish Ninan, J.
                ==============================
                    W.P.(C) No.7698 of 2021
                  ==========================
             Dated this the 7th day of April, 2021

                                 JUDGMENT

The application submitted by the petitioner for

building permit, for construction of a building in

his property having an extent of 0.0121 ares was

rejected by the municipality relying upon the master

plan, as per which, a portion of the land of the

petitioner is required for the municipality for the

purpose of 'widening road and drain'. The petitioner

is aggrieved by the order.

2. Heard the learned counsel for the petitioner

and also learned standing counsel for the

municipality.

3. As evidenced by Ext P2, the petitioner has

issued a purchase notice in terms of Section 67(1) of

the Kerala Town and Country Planning Act, 2016

calling upon the Municipality that necessary steps be WP(C).No.7698 OF 2021(J)

taken for purchase/acquisition of the required extent

of property for the purpose of widening the road and

drain in terms of the master plan. Ext P2 purchase

notice was issued on 15.01.2020.

4. It is now trite that when an area becomes

compulsorily acquirable under the Development Plan,

the owner of the land gets a corresponding right to

issue a purchase notice under Section 67 of the

Kerala Town and Country Planning Act and that if the

same is rejected or not considered by the

Municipality within 60 days, then the party gets a

right to make use of the property, and the

Municipality cannot thereafter refuse the building

permit applied for by the party on the premise that

the land is proposed to be acquired for any purpose

[see Thalassery Municipality v. Puthalath

Balakrishnan, (2019(3) KLT 154) and Abul Hakeem v.

Manjeri Municipality, (2018(1) KLT 1026)]

5. More than 60 days have elapsed since the

submission of the purchase notice. No steps have been

taken for purchase/acquisition of the property. The WP(C).No.7698 OF 2021(J)

municipality is not entitled to refuse building

permit relying on the master plan.

In the result, the writ petition is disposed of

directing the 2nd respondent to reconsider and pass

fresh orders on the building permit application

submitted by the petitioner. The application shall be

considered and orders passed within a period of one

month from the date of receipt of a copy of this

judgment.

                                  Sd/-      Sathish Ninan, Judge

   vdv
 WP(C).No.7698 OF 2021(J)




                           APPENDIX
   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1          TRUE COPY OF THE COMMUNICATION OF THE

2ND RESPONDENT TO THE PETITIONER DATED 12/01/2021

EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 U/S 67(1)OF THE KERALA TOWN AND COUNTRY PLANNING ACT,2016 DATED 15/1/2016.