Shabna T.H vs The Kunnamkulam Municipality
2021 Latest Caselaw 23703 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                         WP(C) NO. 22403 OF 2021


PETITIONER:

              SHABNA T.H.
              AGED 36 YEARS
              S/O. LUKMAN MOHAMMED,
              MANNAMKANDATH HOUSE,
              CHALISSERY P.O.,
              PATTAMBI, PALAKKAD 679 536.

              BY ADVS.
              I.V.PRAMOD
              S.SREEKUMAR (SR.)




RESPONDENTS:

     1        THE KUNNAMKULAM MUNICIPALITY,
              MUNICIPAL BUILDING,
              KUNNAMKULAM P.O.,
              THRISSUR DISTRICT 680 503.
              REPRESENTED BY ITS SECRETARY.

     2        THE SECRETARY,
              MUNICIPAL BUILDING,
              KUNNAMKULAM MUNICIPALITY,
              KUNNAMKULAM P.O.,
              THRISSUR DISTRICT 680 503.

     3        THE TOWN PLANNER,
              DISTRICT TOWN PLANNING OFFICE,
              MUNICIPAL SHOPPING COMPLEX,
              B BLOCK, PATTURAICKAL,
              THRISSUR 680 003.
 WP(C) NO. 22403 OF 2021
                                  2




     4       THE TOWN PLANNER,
             MUNICIPAL OFFICE,
             MUNICIPAL BUILDING,
             KUNNAMKULAM MUNICIPALITY,
             KUNNAMKULAM P.O.,
             THRISSUR DISTRICT 680 503.

     5       REVENUE DIVISIONAL OFFICER,
             THRISSUR 680 001.

           BY ADVS.
           SHRI.V.N.HARIDAS, SC, KUNNAMKULAM MUNICIPALITY
           SAIFUDEEN T.S

           SRI. B.S.SYAMANTHAK, GOVT. PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22403 OF 2021
                                  3




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 22403 of 2021
              --------------------------------------------
             Dated this the 30th day of November, 2021

                             JUDGMENT

This writ petition has been filed praying to quash Ext.P1 order,

by which the application submitted by the petitioner for building

permit was rejected for the reason that as per the DTP scheme for

Kunnamkulam Municipality Part I(a), the area has been reserved for

Park and there is a proposed 10 metre wide road. The contention of

the petitioner is that there is no published DTP scheme as on date.

Reliance is placed on Ext.P3 judgment in W.P.(C) No.22040/2018,

wherein this court had noticed the submission made by the counsel

for the Municipality that after 1995 there is no published Town

Planning Scheme in force.

2. It is admitted that the above judgment is final and no

appeal has been preferred on that. In the above circumstances,

this writ petition is allowed. Ext.P1 is set aside. The 2 nd respondent

is directed to reconsider the application submitted by the petitioner WP(C) NO. 22403 OF 2021

in the light of Ext.P3 judgment. The order shall be passed within

two months from the date of receipt of a certified copy of this

judgment.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 22403 OF 2021

APPENDIX OF WP(C) 22403/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY INTIMATION OF REJECTION OF BUILDING PERMIT APPLICATION NO. BA- 240/2021-22 DATED 6/10/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WPC NO.

31050/2016 DATED 16/12/2016 OF THIS HON'BLE COURT.

Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WPC NO.

22040/2018 DATED 15/11/2018 OF THIS HON'BLE COURT.

Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WPC NO.

5208/2010 DATED 2/3/2010 OF THIS HON'BLE COURT.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WPC NO.

33811/2010 DATED 9/11/2010 OF THIS HON'BLE COURT.