Shanmugan K.S. vs The Kodungallur Municipality
2021 Latest Caselaw 11022 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.3042 OF 2021(E)


PETITIONERS:

      1        SHANMUGAN K.S.,AGED 75 YEARS
               S/O. SUBRAMANIAN, KATTUKANDATHIL HOUSE, METHALA,
               KODUNGALLUR-680669.

      2        LIGI K.S.,AGED 37 YEARS
               W/O. SANEESH, EEREZHATH HOUSE, METHALA, KODUNGALLUR-
               680669.

               BY ADV. SRI.P.J.JOSEPH JOHN

RESPONDENTS:

      1        THE KODUNGALLUR MUNICIPALITY
               KODUNGALLUR P.O., KODUNGALLUR, THRISSUR-680664,
               REPRESENTED THROUGH ITS SECRETARY.

      2        THE SECRETARY,THE KODUNGALLUR MUNICIPALITY,
               KODUNGALLUR P.O., KODUNGALLUR, THRISSUR-680664

               R1 AND R2 BY ADV. K.A NOUSHAD, SC

     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.3042 OF 2021(E)

                              2



                       Sathish Ninan, J.
                ==============================
                    W.P.(C) No.3042 of 2021
                  ==========================
             Dated this the 7th day of April, 2021

                           JUDGMENT

The petitioners who are the owners of 1.40 cents

of property, submitted an application before the 2 nd

respondent-Secretary of the panchayath, for a building

permit, to construct shop room therein. As per Ext P3

communication, the Secretary has required the

petitioners to resubmit the plan leaving a portion of

the property for widening of the road which runs on

the northern side of the property stating that it is

included in the master plan. It is aggrieved thereby

that the petitioners have approached this Court.

2. Heard John Joseph, learned counsel for the

petitioner and Sri. K.A Noushad, learned standing

counsel for the respondent Municipality. WP(C).No.3042 OF 2021(E)

3. It is 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 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)]. The

petitioners are entitled to exercise the said right.

The writ petition is disposed of leaving open the

right of the petitioners to move in terms of Section

67 referred to supra by issuing a purchase notice. If

on the expiry of the statutory period of 60 days from

the receipt thereof no orders are passed thereon by

the municipality regarding acquisition of property, WP(C).No.3042 OF 2021(E)

the petitioners' application for building permit shall

be considered by the 2nd respondent dehors the master

plan, within a period of one month therefrom.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.3042 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 19.1.2021 ISSUED FROM VILLAGE OFFICE, METHALA IN THE NAME OF 1ST PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT DATED 19.1.2021 ISSUED FROM VILLAGE OFFICE, METHALA IN THE NAME OF 2ND PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 27.2.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF JUDGMENT DATED 7.11.2019 IN WP(C) NO.29004/2019 OF THIS HON'BLE COURT.

EXHIBIT P5 A TRUE COPY OF THE DECISION CITED DISTRICT TOWN PLANNER MALAPPURAM AND OTHERS V.VINOD AND OTHERS (2019 3 KHC

673) OF THIS HON'BLE COURT.