Devadas vs The Palakkad Municipality
2021 Latest Caselaw 1876 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.133 OF 2021(N)

PETITIONER:

               DEVADAS
               S/O SUBRAMANIAN,PULIKKAL HOUSE,
               KOTTEKAD.P.O, PIN-678732,MALAMPUZHA,
               PALAKKAD DISTRICT.(REPRESENTED BY ITS POWER OF
               ATTORNEY HOLDER,RAJITH.K.A,AGED 54 YEARS,
               S/O.ARAVINDAKSHAN,PALIKANDATH
               HOUSE,KINASSERRI,KADUMTHIRUTHI,
               PALAKKAD DISTRICT).

               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.K.V.WINSTON
               SMT.ANU JACOB

RESPONDENTS:

      1        THE PALAKKAD MUNICIPALITY
               REPRESENTED BY ITS SECRETARY,
               MUNICIPAL OFFICE,PALAKKAD,PIN-678001.

      2        THE SECRETARY,
               PALAKKAD MUNICIPALITY,MIUNICIPAL
               OFFICE,PALAKKAD,PIN-678001.

      3        THE DISTRICT TOWN PLANNING OFFICER,
               PALAKKAD,CIVIL STATION,PALAKKAD,
               PIN-678001.

      4        THE STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL
               SELF GOVERNMENT,THIRUVANANTHAPURAM,
               PIN-695001.

               R1-2 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
               MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.133 of 2021                  2




                                 JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P2 order,

whereby an application for building permit was rejected by the

respondent Municipality, on the ground that, the land in question was

covered by a District Town Planning Scheme (DTP Scheme), which

prevented the petitioner from effecting constructions on the said land. In

the Writ Petition, it is the case of the petitioner that based on Ext.P6

judgment, he has issued a purchase notice to the respondent

Municipality asking them to purchase the land in connection with the

DTP Scheme aforesaid and despite the lapse of 60 days from the date of

the said notice, the respondent Municipality has not deemed it necessary

to take any steps for purchasing of the land in question for the purposes

of the Scheme. It is his submission, therefore, that in the light of Ext.P6

judgment, the respondent Municipality is now obliged to consider his

application for building permit afresh, in the light of the said judgment

taking note of their inaction in the matter of purchase of the land for the

the purposes of the DTP Scheme.

2. I have heard the learned counsel for the petitioner and the

learned Standing counsel for the respondents.

On a consideration of the facts and circumstances of the case and

the submissions made across the bar, and finding the contentions of the

petitioner to be in line with the directions in Ext.P6 judgment, I dispose

the Writ Petition by quashing Ext.P2 order of the respondent

Municipality and directing them to consider the building permit

application preferred by the petitioner afresh, in the light of the

directions issued in Ext.P6 judgment and taking note of the purchase

notice that was not responded to by the respondent Municipality within

the time permitted under the statute. The respondent Municipality shall

consider the application untrammelled by the stipulations in the DTP

Scheme pertaining to the land in question and pass orders on the

application within three weeks from the date of receipt of a copy of this

judgment, if need be after hearing the petitioner. The petitioner shall

produce a copy of the writ petition along with a copy of this judgment,

before the respondent Municipality, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/18.01.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.41717455 DATED 22.07.2019 ISSUED BY THE VILLAGE OFFICER,PALAKKAD II VILLAGE,PALAKKAD TALUK AND DISTRICT.

EXHIBIT P2              A TRUE COPY OF THE ORDER DATED 27TH OF
                        AUGUST     2019     ISSUED     BY  THE
                        SECRETARY,PALAKKAD MUNICIPALITY.

EXHIBIT P3              TRUE COPY OF THE ORDER DATED JUNE 17,2020
                        ISSUED   BY    THE   REVENUE   DIVISIONAL
                        OFFICER,PALAKKAD.

EXHIBIT P4              A TRUE COPY OF THE ORDER DATED OCTOBER

20,2020 ISSUED BY THE REVENUE DIVISIONAL OFFICER,PALAKKAD

EXHIBIT P5 A TRUE COPY OF THE PURCHASE NOTICE DATED 7 SEPTEMBER 2019 ISSUED BY THE PETITIONER ALONG WITH ACKNOWLEDGMENT.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 22.11.2019 IN WP(C)NO.30841 OF 2017 OF THIS HONOURABLE COURT.

EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 23.12.2020 ISSUED BY THE PETITIONER.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE