Sunny Pashanath vs The Town Planner
2021 Latest Caselaw 17686 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                          WP(C) NO. 16473 OF 2021
PETITIONER:

              SUNNY PASHANATH,
              AGED 49 YEARS
              S/O. MOHANAN P., PASHANATH VEEDU, V.K.K. MENON ROAD,
              KALLAYI P.O. KOZHIKODE 673 003.

              BY ADV P.E.SAJAL



RESPONDENTS:

     1        THE TOWN PLANNER,
              KOZHIKODE REGIONAL TOWN PLANNING COMMITTEE, REGIONAL TOWN
              AND COUNTRY PLANNING OFFICE, KOZHIKODE 673 005.

     2        REGIONAL TOWN PLANNING COMMITTEE
              KOZHIKODE, REGIONAL TOWN ND COUNTRY PLANNING OFFICE,
              KOZHIKODE 673 005.


OTHER PRESENT:

              SRI. P.S. APPU-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16473 OF 2021
                                         2

                                JUDGMENT

This writ petition is filed seeking the following relief:-

"issue a writ of mandamus, order of direction commanding and compelling the respondents to consider and dispose of Ext.P1 application of the petitioner within a time frame prescribed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that for construction of a apartment building having a plinth area

of 2967 square meters, the petitioner has submitted an

application before the Kozhikode Corporation. The said application

was rejected stating that as per the Town Planning Scheme of the

Corporation, the land of the petitioner is included in the

Agricultural Zone. It is submitted that as per the new master plan

with respect to the Corporation prepared in the year 2016, the

property of the petitioner comes in the residential zone. It is

submitted that the petitioner has submitted Ext.P1 application

under Section 50 of the Kerala Town and Country Planning Act, WP(C) NO. 16473 OF 2021

2016 before the 1st respondent and that the same is liable to be

considered, in accordance with law, at the earliest.

4. The learned Government Pleader submits, on

instructions, that it was only on account of the pandemic and

resultant lock down that there has been some delay in

considering the application and that appropriate steps for

consideration of the application shall be taken without further

delay.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P1

representation preferred by the petitioner with notice to the

petitioner and after hearing him through any appropriate means

including video conferencing within a period of two months from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/31.08.2021 WP(C) NO. 16473 OF 2021

APPENDIX OF WP(C) 16473/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION ALONG WITH RECEIPT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 21/06/2021.