Moidu P.M vs Kozhikode Corporation
2022 Latest Caselaw 3849 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 10925 OF 2022
PETITIONER:

          MOIDU P.M.,
          AGED 65 YEARS
          PURATH MANNATH, THIRUVALLUR, VADAKARA,
          KOZHIKODE-673 541.
          BY ADV A.V.M.SALAHUDDEEN
RESPONDENTS:

    1     KOZHIKODE CORPORATION,
          REPRESENTED BY SECRETARY, CORPORATION OFFICE,
          KOZHIKODE-673 032.
    2     SECRETARY,
          KOZHIKODE CORPORATION,
          CORPORATION OFFICE, KOZHIKODE-673 032.
          BY ADV V.KRISHNA MENON


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10925 OF 2022

                                         2


                                 JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P2 order.

(ii) To declare that Ext.P2 order is illegal and unconstitutional.

(iii) To issue a writ of mandamus of any other appropriate writ, order or direction directing the 2nd respondent to issue building permit as applied for by the petitioner without any delay."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents.

3. The learned standing counsel for the respondents seeks further

time to get instructions in the matter.

4. However, the learned counsel for the petitioner submits that all

other defects noticed in Ext.P2 will be duly rectified by the petitioner

and that the application may be directed to be considered in the light of

the master plan which has been duly notified for the Corporation.

5. Having considered the contentions advanced and in view of the

decisions relied on by the learned counsel for the petitioner and the WP(C) NO. 10925 OF 2022

submission that a master plan has been notified in respect of the

Corporation, I am of the opinion that the application cannot be rejected

on the ground that the area was a residential zone in accordance with

the DTP Scheme in view of the specific contention raised by the

petitioner that the area is presently mixed zone and that commercial

buildings can also be constructed thereon.

6. In the above view of the matter, there will be a direction to the

respondents to reconsider the application submitted by the petitioner in

case the other defects noticed in Ext.P2 are rectified and resubmitted.

The application shall be considered in accordance with the building

rules as well as the master plan. Appropriate orders shall be passed

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

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 10925 OF 2022

APPENDIX OF WP(C) 10925/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SITE PLAN DATED 06.02.2022 ATTACHED ALONG WITH THE APPLICATION FOR BUILDING PERMIT Exhibit P2 TRUE COPY OF THE ORDER DATED 22.03.2022 REJECTING THE APPLICATION FOR BUILDING PERMIT.

RESPONDENTS' EXHIBITS: NIL