T. C. Biju vs Thrissur Corporation
2021 Latest Caselaw 21683 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
                          WP(C) NO. 25342 OF 2020(P)
PETITIONER:

     T. C. BIJU, S/O. CHAKKORU, AGED 48 YEARS, RESIDING AT THEKKINIYATH
     HOUSE,
     PERINCHERY P. O., THRISSUR - 680 306.

RESPONDENTS:

  1. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION
     OFFICE, THRISSUR - 680 001.
  2. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, CORPORATION OFFICE,
     THRISSUR - 680 001.
  3. THE DISTRICT TOWN PLANNER, DISTRICT PLANNING OFFICE, CIVIL STATION,
     THRISSUR P.O., THRISSUR - 680 022.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction to respondents 1 and 2 to reconsider
the petitioner's application for building permit taking into account the
factual situation that is now prevailing in the area and also taking into
account the revised master plan proposed by the Corporation and issue a
building permit to the petitioner, pending disposal of the writ petition
(Civil).


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S T.C.SURESH MENON and P.S.APPU, Advocates for the petitioner, SRI.
SANTHOSH P.PODUVAL, STANDING COUNSEL for R1 and R2 and of GOVERNMENT
PLEADER for R3, the court passed the following:




                                                             p.t.o
                    ANU SIVARAMAN, J.
          =========================
               W.P.(C) No.25342 of 2020
          =========================
          Dated this the 2nd day of November, 2021


                          ORDER

Heard the learned counsel appearing for the

petitioner, learned standing counsel appearing for

respondents 1 and 2 and the learned Government Pleader.

2. A counter affidavit has been placed on record by

the learned Government Pleader.

2. The learned counsel appearing for the petitioner

submits that in the Master Plan prepared by the Thrissur

Corporation, the area is included in mixed zone. It is further

submitted that pursuant to judgment of this Court reported

in Basheer v. Kozhikode Corporation [2021 (4) KLT

82], the detailed town panning scheme in question is one of

the schemes which have been found liable to be varied W.P.(C) No.25342 of 2020

under Section 50(3) of the Kerala Town and Country Planning

Act, 2016.

Learned Government Pleader seeks time to get

instructions on the specific point.

Post on 17.11.2021.

Sd/-

ANU SIVARAMAN JUDGE

SSK/2/11

02-11-2021 /True Copy/ Assistant Registrar