Hashique Rahman vs Kozhikode Municipal Corporation
2021 Latest Caselaw 11840 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                      WP(C).No.22037 OF 2016(D)


PETITIONER:

               HASHIQUE RAHMAN
               AGED 44 YEARS, S/O.KUNJUMUHAMMED HAJI,
               KALATHINGAL HOUSE, GREEN VIEW COLONY,
               KOZHIKODE, PIN-673 016.

               BY ADV. SRI.V.A.AJIVAS

RESPONDENTS:

      1        KOZHIKODE MUNICIPAL CORPORATION
               REPRESENTED BY ITS SECRETARY,
               BEACH ROAD, KOZHIKODE, PIN-673 032.

      2        THE SECRETARY
               KOZHIKODE MUNICIPAL CORPORATION,
               BEACH ROAD, KOZHIKODE, PIN-673 032.

      3        REGIONAL TOWN PLANNER
               REGIONAL TOWN PLANNING OFFICE,
               CHAKKORATHUKULAM, KOZHIKODE, PIN-673 032.

      4        THE LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER (AGRICULTURAL FIELD
               OFFICER) PUTHIYARA, KOZHIKODE, PIN-673 032.

               R1 & R2 BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION
               R3 & R4 BY SRI.SURING GEORGE IPE, SR. GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.22037 of 2016
                                           2


                                      JUDGMENT

Dated this the 9th day of April, 2021

This writ petition is filed by the petitioner seeking the following

reliefs:

"(i) Issue a writ of certiorari calling for the original of Ext.P3 issued by 2nd respondent and quashing the same.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to issue building permit to the petitioner."

2. Basically the petitioner is challenging Ext.P3 order dated

24.5.2016 issued by the Secretary of the Kozhikode Corporation declining

building permit to the petitioner on the ground that the property for

which permit applied for is remaining as 'nanja' in the Village Records

and as per the DTP scheme then available, the property is included in the

residential zone and therefore, no permit can be granted for construction

of commercial building.

3. Today, when the matter is taken up, learned counsel for the

petitioner submitted that granting liberty to file fresh application along

with appropriate orders, the writ petition may be closed.

After having heard learned counsel for the petitioner and the

learned standing counsel for the Corporation, this writ petition is

disposed of leaving open the liberty to the petitioner to file suitable W.P.(C)No.22037 of 2016

building permit application before the Secretary of the Corporation along

with requisite orders enabling the Secretary to process the application in

accordance with law.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.22037 of 2016

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF THE TAX RECEIPT DT.9-3-16 ISSUED IN FAVOUR OF THE PETITIONER BY THE VILLAGE OFFICER, KASABA.

EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE DT.16-3-2016 ISSUED BY THE VILLAGE OFFICER, KASABA.

EXT.P3 TRUE COPY OF THE REJECTION ORDER DT.24-5-

2016.

EXT.P4 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.

EXT.P5 TRUE COPY OF THE JUDGMENT DT.9-3-2016 IN WPC 8972/2016 OF THIS HON'BLE COURT.

/true copy/

P.A. to Judge