Sathyajith vs The Malappuram Municipality
2021 Latest Caselaw 9699 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.3535 OF 2021(N)


PETITIONER:

               SATHYAJITH,AGED 47 YEARS
               S/O.PACHUNNI, PUTHIYAMPARAMBIL HOUSE,
               KOTTAKKAL, MALAPPURAM DISTRICT-676503.

               BY ADVS.
               SRI.ABDUL JAWAD K.
               SMT.A.GRANCY JOSE

RESPONDENTS:

      1        THE MALAPPURAM MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, MALAPPURAM-676505.

      2        THE SECRETARY,
               MALAPPURAM MUNICIPALITY, MALAPPURAM-676505.

               R1 & R2 BY ADV. SRI.E.S.M.KABEER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3535 OF 2021(N)

                                 2




                            JUDGMENT

Dated this the 23rd day of March 2021

The application submitted by the petitioner for

building permit, for construction of a building in his

property having an extent of 6.50 cents was rejected by

the municipality relying upon the master plan, in which, a

portion of the land of the petitioner is required for the

municipality for the purpose of 'widening road and drain'.

The petitioner is aggrieved by the order.

2. Heard the learned counsel for the petitioner and

also learned standing counsel for the municipality.

3. As evidenced by Ext P2 and P2(a), the petitioner

has issued a purchase notice in terms of Section 67(1) of

the Kerala Town and Country Planning Act, 2016 calling

upon the Municipality that necessary steps be taken for

purchase/acquisition of the required extent of property

for the purpose of widening the road and drain in terms of

the master plan. Ext P2 purchase notice was issued on WP(C).No.3535 OF 2021(N)

09.12.2020.

4. It is now 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 by the party 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)]

5. More than 60 days have elapsed since the

submission of the purchase notice. No steps have been

taken for purchase/acquisition of the property. The

municipality is not entitled to refuse building permit

relying on the master plan.

WP(C).No.3535 OF 2021(N)

In the result, the writ petition is disposed of

directing the 2nd respondent to reconsider and pass fresh

orders on the building permit application submitted by the

petitioner dated 28.10.2020 without reference to Ext P1

decision which was based on the master plan. The

application shall be considered and orders passed within a

period of one month from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.3535 OF 2021(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.B.A-160/20-

21 DATED 09.12.2020, ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PURCHASE NOTICE DATED 09.12.2020 BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P2(a) TRUE COPY OF THE RECEIPT OF ACCEPTANCE ON 09.12.2020 ISSUED BY THE RESPONDENT MUNICIPALITY IN WARD NO.16978.