Salafi Education Charitable ... vs The Kannur Municipal Corporation
2022 Latest Caselaw 7123 Ker

WP(C) NO. 35302 OF 2016                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 22ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944
                                WP(C) NO. 35302 OF 2016
PETITIONER/S:

               SALAFI EDUCATION CHARITABLE TRUST
               THAYATHERU ROAD, KANNUR-670 001 REPRESENTEDBY ITS
               GENERAL SECRETARY SHAKEER C.C,S/O ABDUL RAHIM, AGED
               48, KANNUR 1 AMSOMKANNOTHUMCHAL DESOM, KANNUR.

               BY ADVS.
               SRI.K.R.AVINASH (KUNNATH)
               SRI.ABDUL RAOOF PALLIPATH
               SRI.E.MOHAMMED SHAFI
               SRI.PRAJIT RATNAKARAN



RESPONDENT/S:

      1        THE KANNUR MUNICIPAL CORPORATION
               REPRESENTED BY ITS SECRETARY, KANNUR-670 001.

      2        THE SECRETARY
               KANNUR MUNICIPAL CORPORATION, KANNUR-670 001.

              BY ADVS.
              SMT.S.AMBILY
              SMT.M.MEENA JOHN, SC, KANNUR MUNICIPAL CORPORATION
              SRI.ABILASH THOMAS
              SRI.K.K.CHANDRAN PILLAI SR.
              SMT.ELSA DENNY PINDIS
              SRI.K.V.KRISHNAKUMAR


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    22.06.2022,         THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 35302 OF 2016                2


                        P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No. 35302 of 2016
                      --------------------------------------
                 Dated this the 22nd day of June, 2022

                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ of certiorari or such other writ quashing Exhibit P3

(ii) Issue a writ of mandamus or such other writ or order directing respondents to consider the application submitted by petitioner for construction of dormitory building in Re Sy.No. 933/2A2 of Ward 6 Block No.19 in Kannur Municipal Corporation ignoring the proposal to widen the road on the northern side of the above property.

(iii) Grant such other relief's as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case." [SIC]

2. The building permit application of the petitioner is

rejected as per Ext.P3. The main reason mentioned in Ext.P3 is

that the area is included in the master plan. I see no reason to

interfere with Et.P3 order. But the counsel for the petitioner

submitted that this Court may not decide the matter and leave

open all the contentions.

Therefore, this writ petition is closed, leaving open all the

contentions raised by the petitioner in this writ petition.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 35302/2016

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE ASSIGNMENT DEED NO.2762/2016 DATED 13.8.2015.

EXHIBIT P2: TRUE COPY OF THE SITE PLAN AND LOCATION MAP.

EXHIBIT P3: TRUE COPY OF THE NOTICE DATED 26.5.2016 ISSUED BY 2ND RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R1(A): TRUE COPY OF THE GO (MS) NO.33/16/LSGD DATED 12.2.2016

EXHIBIT R1(B) TRUE COPY OF THE GO (MS) NO.38/16/LSGD DATED 19.2.2016

EXHIBIT R1(C) A TRUE COPY OF THE PROGRESSIVE REPORT PREPARED BY THE SECRETARY, KANNUR MUNICIPAL COPORATION