Kerala High Court
Thalangara Mohammed Ashraf vs Kasargode Municipality on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 19164 OF 2020
PETITIONER:
THALANGARA MOHAMMED ASHRAF,
AGED 69 YEARS,
MANAGING PARTNER,
M/S TAKSONS BUILDERS AND DEVELOPERS,
THALANGARA CLUSTERS,
NULLIPADY, KASARGODE, PIN - 671 121.
BY ADVS.
K.SHIBILI NAHA
SMT.A.LOWSY
RESPONDENTS:
1 KASARGODE MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
KASARGODE P.sO., PIN - 671 122.
2 THE SECRETARY,
KASARGODE MUNICIPALITY,
KASARGODE P.O., PIN - 671 122.
3 THE ASST. EXECUTIVE ENGINEER,
KASARGODE MUNICIPALITY,
KASARGODE, PIN - 671 122.
4 THE MUNICIPAL ENGINEER,
KASARGODE MUNICIPALITY,
KASARGODE, PIN - 671 122.
5 THE DISTRICT TOWN PLANNER,
KASARGODE, PIN - 671 122.
BY ADV SHRI.MATHEW B. KURIAN, SC,
KASARAGOD MUNICIPALITY
SRI. SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.19164/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 2nd day of August, 2021
The building permit application submitted by the
petitioner was rejected as per Ext.P10 on the ground that the
land in question falls partly within the Residential Use Zone as
per the existing DTP Scheme. It is aggrieved by Ext.P10 that
the petitioner has approached this Court.
2. During the pendency of this writ petition, this Court
in W.P.(C) No.21634/2020 passed elaborate order giving
direction to all Local Self Government Institutions and the
Government to revise the obsolete master plans in a phased
manner. Ext.P11 would show that the Kasaragod Municipality
has requested the Chief Town Planner to revise the DTP
Scheme taking into consideration the passage of time.
WP(C) No.19164/2020
3. In view of the judgment of this Court and the stand
now taken by the Municipality in Ext.P11, this Court is of the
considered opinion that the Municipality is liable to consider
the building permit application of the petitioner afresh in the
changed circumstances.
In view of the above, the writ petition is disposed of
directing the 2nd respondent to reconsider the building permit
application of the petitioner, in accordance with law, in the
light of the judgment of this Court in W.P.(C) No.21634/2020
and Ext.P11 decision taken by the Kasaragod Municipality. It
is made clear that this Court has not pronounced anything on
merits of the claims made by the petitioner. The 2 nd
respondent shall pass orders as directed above within a
period of two months.
Sd/-
N. NAGARESH, JUDGE
aks/03.08.2021
WP(C) No.19164/2020
APPENDIX OF WP(C) 19164/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER,
KASARGODE.
EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS.
EXHIBIT P3 TRUE COPY OF THE NOTICE/ORDER VIDE
NO.B.A.38/16-17 DATED 30.05.16.
EXHIBIT P4 TRUE COPY OF THE INFORMATION SECURED BY
THE PETITIONER ON 15.07.2016.
EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT
NO.314/03-04 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER ON
20.03.2006.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED
20.01.2010.
EXHIBIT P7 TRUE COPY OF THE STATEMENT FILED BY THE
1ST RESPONDENT MUNICIPALITY.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C)
40050/2016 DATED 29.10.2019.
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO.A2-
31337/16 OF THE 2ND RESPONDENT DATED
3.1.2020.
EXHIBIT P10 TRUE COPY OF THE INTIMATION/NOTICE
NO.BA/39/16-17 DATED 17.07.2020 ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE RESOLUTION AND THE
REQUEST FORWARDED TO THE AUTHORITIES
CONCERNED, OBTAINED BY THE PETITIONER
UNDER THE RIGHT TO INFORMATION ACT.
RESPONDENTS' EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE LETTER DATED
11.06.2020 OF THE DISTRICT TOWN
PLANNER, KASARGOD
SR
