Kerala High Court
Abdul Azeez vs Kozhikode Municipal Corporation on 9 November, 2021
WP(C) NO.23309 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 23309 OF 2021
PETITIONERS :
1 ABDUL AZEEZ,
AGED 24 YEARS
S/O. E.V. ZAKKARIA, "MUMTHAZ",
V.K.K. MENON ROAD, KALLAYI P.O.,
KOZHIKODE-673003.
2 JASIM PALLIVEED,
AGED 55 YEARS
S/O. KUNJAHAMMAD KOYA, MASCOT HOUSE,
V.K.K. MENON ROAD, KALLAYI P.O.,
PIN-673003.
3 FAHAD ABDUL AZEEZ AKKARAPAMBATH,
AGED 31 YEARS
S/O. ABDUL AZEEZ, "EVA HOUSE", PUTHIYARA P.O.,
PIN-673004.
BY ADVS.T.KRISHNANUNNI (SR.)
SUNIL KUMAR M.
ANISH ANTONY ANATHAZHATH
RESPONDENTS :
1 KOZHIKODE MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY, CALICUT BEACH,
NEAR AKASHVANI, KOZHIKODE-673032.
2 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION, CALICUT BEACH,
NEAR AKASHVANI, KOZHIKODE-673032.
3 THE TOWN PLANNER,
DEPARTMENT OF ENGINEERING/TOWN PLANNING,
KOZHIKODE MUNICIPAL CORPORATION, CALICUT BEACH,
NEAR AKASHVANI, KOZHIKODE-673032.
BY ADV SHRI.V.KRISHNA MENON, SC, KOZHIKODE MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.23309 OF 2021 2
ANU SIVARAMAN, J.
--------------------------
W.P.C. No.23309 of 2021
--------------------------------------
Dated this the 9th day of November, 2021
JUDGMENT
------------------
This writ petition is filed challenging the rejection of the
building permit by Ext.P5 proceedings.
2. I have heard the learned Senior counsel appearing for the
petitioners and the learned Standing Counsel appearing for
respondents 1 and 2.
3. The learned Senior counsel appearing for the petitioners
submitted that the petitioners are the joint owners in possession
of 8.09 Ares of land in Resurvey No.5-19-965 (965/4) in Kasaba
village, Kozhikode Thaluk. It is submitted that they have filed an
application for building permit which has been rejected by Ext.P5
on the ground that the construction as sought for is impermissible
on the basis of DTP Schemes/Master Plan in view of the proposed
road widening. It is also submitted that in view of the judgment of
this Court in Basheer C.K. v. Kozhikode Corporation and
Others [2021 (3) KHC 578], the reasons stated in Ext.P5 for
rejection of the application are completely untenable.
4. Having regard to the submissions advanced and in view of
the judgment of this Court in Basheer C.K. v. Kozhikode
Corporation and Others [2021 (3) KHC 578], I am of the view
that the 1st respondent cannot rely on the DTP Scheme/Master
Plan for the refusal of the application for building permit. Ext.P5
is therefore set aside. There will be a direction to the 1 st
respondent to take up, consider and pass orders on the
application submitted by the petitioners for building permit within
a period of two months from the date of receipt of a copy of this
judgment.
This writ petition is disposed of.
Sd/-
ANU SIVARAMAN,
JUDGE
NS
APPENDIX OF WP(C) 23309/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 28/10/2019.
EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
21/01/2021.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 21/01/2021.
EXHIBIT P4 TRUE COPY OF THE SPECIFICATION AND REPORT OF
THE PROPOSED BUILDING.
EXHIBIT P5 TRUE COPY OF THE REJECTION LETTER DATED
19/06/2021.
RESPONDENT(S) EXHIBITS : NIL
