Radha vs The Manjeri Municipality
2022 Latest Caselaw 8531 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                       THE HONOURABLE MR.JUSTICE N.NAGARESH
           WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                              WP(C) NO. 16633 OF 2022
PETITIONER:

                  RADHA
                  AGED 67 YEARS
                  D/O. LAKSHMIKUTTY AMMA,
                  POOLAPARAMBU MEETHIL HOUSE, KOZHIKKALKUNNU,
                  KARUVAMBRAM P.O., MELAKKAM, MANJERI,
                  MALAPPURAM DISTRICT
                  PIN - 676123
                  BY ADV K.RAKESH
RESPONDENTS:

       1          THE MANJERI MUNICIPALITY
                  MUNICIPAL OFFICE, MANJERI P.O., MALAPPURAM DISTRICT,
                  REPRESENTED BY ITS SECRETARY
                  PIN - 676121
       2          THE SECRETARY
                  MANJERI MUNICIPALITY, MUNICIPAL OFFICE, MANJERI P.O.,
                  MALAPPURAM DISTRICT,
                  REPRESENTED BY ITS SECRETARY
                  PIN - 676121
       3          THE DISTRICT TOWN PLANNER
                  OFFICE OF THE DISTRICT TOWN PLANNER,
                  CIVIL STATION ROAD, UPHILL, MALAPPURAM,
                  MALAPPURAM DISTRICT
                  PIN - 676505

                  BY ADVS.
                  SHRI.R.RANJITH (MANJERI), SC, MANJERI MUNICIPALITY
                  SMT.SURYA BINOY B SR.GP
THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16633 OF 2022

                                2




                             JUDGMENT

Dated this the 6th day of July, 2022

The petitioner has approached this Court aggrieved by

denial of Building Permit sought for from the 2 nd respondent.

The Building Permit has been declined on the ground that there

is a detailed Town Planning Scheme existing and the Building

Permit application is not in accordance with the Town Planning

Scheme.

2. Therefore, the petitioner resorted to her statutory

remedy by forwarding a Purchase Notice, invoking Section 67

of the Kerala Town and Country Planning Act. The petitioner

submits that for the time being, the petitioner will be satisfied if

the Purchase Notice sent by the petitioner is considered by the

competent authority.

3. Standing Counsel entered appearance and resisted

the writ petition. The Standing Counsel submitted that if the WP(C) NO. 16633 OF 2022

Building Permit application of the petitioner is allowed, it would

violate the existing Master Plan. Furthermore, the Municipality

is under the process of revising the Master Plan and the

proposal for the revised Master Plan framed by the Municipality

is under consideration of the District Town Planner.

4. I have heard the learned counsel for the petitioner,

the learned Standing Counsel representing respondents 1 and

2 and the learned Government Pleader representing the 3 rd

respondent.

5. The petitioner wants to make a building construction.

It is evident that the Building Permit application submitted by

the petitioner is not in tune with the existing Master Plan.

Therefore, the petitioner has invoked her statutory remedy by

forwarding a Purchase Notice to respondents 1 and 2. Ext.P4

Notice being of a statutory nature, respondents 1 and 2 are

bound to consider the same and take appropriate decision

thereon in accordance with law.

WP(C) NO. 16633 OF 2022

In that view of the matter, the writ petition is disposed of

directing respondents 1 and 2 to consider Ext.P4 purchase

notice submitted by the petitioner in accordance with law, within

the statutory period.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 16633 OF 2022

APPENDIX OF WP(C) 16633/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE, NARUKARA DATED 29-4-2022 Exhibit P2 A TRUE COPY OF THE NOTICE DATED 17-1-

2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE NOTICE DATED 24-1-

2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE PURCHASE NOTICE ISSUED BY THE PETITIONER UNDER SECTION 67 OF THE KERALA TOWN AND COUNTRY PLANNING ACT,2016 RESPONDENT'S/S EXHIBITS : NIL