Zavier vs The State Of Kerala
2022 Latest Caselaw 7500 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

               FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944

                                WP(C) NO. 3 OF 2016

PETITIONER:

               ZAVIER
               AGED 54 YEARS
               S/O. JOSEPH, PALLIPATU HOUSE, IRINJALAKUDA VILLAGE DESOM, THRISSUR
               DITRICT - 680 121.
               BY ADV SRI.G.SREEKUMAR (CHELUR)


RESPONDENTS:

     1         THE STATE OF KERALA
               REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
     2         THE IRINJALAKUDA MUNICIPALITY
               REP. BY ITS SECRETARY, IRINJALAKUDA P.O.,
               THRISSUR DISTRICT - 680 121.
               BY ADVS.
               R1 BY SRI.ARAVIND P. MATHEW, GOVERNMENT PLEADER
               R2 BY SRI.K.K.CHANDRAN PILLAI SR.
               SMT.S.AMBILY



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3 of 2016                          2




                                     JUDGMENT

Dated this the 17th day of June 2022

This writ petition is filed by the petitioner seeking the following reliefs:

1) Call for the records leading to Exhibit P5 and may be pleased to quash the same.

2) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to grant building permit to the petitioner within stipulated time limits in the interest of justice.

3) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

2. According to the petitioner, petitioner is an owner in possession of an

extent of 12.14 Ares of land situated in Sy.No.294 of Irinjalakkuda Municipality.

In order to construct an apartment complex, petitioner has submitted an

application for building permit, which was declined as per Exhibit P5 order

dated 7.8.2015 of the Secretary of the Irinjalakkuda Municipality - the 2 nd

respondent, on the ground that the property is a paddy field and no permit

can be granted in terms of the provisions of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 and the Kerala Municipality Building Rules, 1999.

It is thus challenging the legality and correctness of Exhibit P5, the writ

petition is filed.

3. However, today when the matter is taken up, learned counsel for

petitioner fairly submitted that the writ petition can be disposed of, leaving

open the liberty of the petitioner to approach the Statutory Authority

constituted as per the provisions of Act, 2008.

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

the liberty of the petitioner to approach the statutory authority in

contemplation of the provisions of Act, 2008. Needless to say, if any enabling

orders are produced by the petitioner, along with a fresh application for

building permit, it shall be considered by the Secretary of the Municipality, in

accordance with law.

Sd/-

                                                   SHAJI P.CHALY

smv                                                    JUDGE





                       APPENDIX OF WP(C) 3/2016

PETITIONER'S EXHIBITS
                     P1 - A TRUE COPY OF THE DOCUMENT BEARING

NO. 814/90 DT. 10.5.90 OF THE IRINJALAKUDA S R O.

P2 - A TRUE COPY OF THE TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER DT.

29.5.2014.

P3 - A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE SECOND RESPONDENT DT. 04.7.2015.

P4 - A TRUE COPY OF THE APPROVED PLAN DATED NIL.

P5 - A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DT. 17.8.2015.