V M Radhakrishnan vs Palakkad Municipality
2022 Latest Caselaw 5594 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                       WP(C) NO. 15639 OF 2022




PETITIONER:

            V M RADHAKRISHNAN,
            AGED 65 YEARS, S/O LATE VELAYUDHAN NAIR,
            NINEETITHA, D.P.O.ROAD,
            YAKKARA, PALAKKAD PIN: 678 001.

            BY ADV KAVERY S THAMPI



RESPONDENTS:

    1       PALAKKAD MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY,
            MUNICIPAL OFFICE, PALAKKAD PIN: 678 001.

    2       THE SECRETARY, PALAKKAD MUNICIPALITY,
            MUNICIPAL OFFICE, PALAKKAD PIN: 678 001.

    3       THE DISTRICT TOWN PLANNER,
            OFFICE OF THE DISTRICT TOWN PLANNER,
            CIVIL STATION, PALAKKAD PIN: 678 001.

            BY ADV SHRI.BINOY VASUDEVAN, SC, PALAKKAD MUNICIPALITY

            SRI. B. S. SYAMANTHAK, GOVT. PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15639 OF 2022
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 15639 of 2022
              --------------------------------------------
                Dated this the 26th day of May, 2022

                            JUDGMENT

The writ petition has been filed praying for a direction to the

2nd respondent to grant building permit to the petitioner as applied

for in Ext.P7 application without insisting on a separate permission

under Clause 6(2) of the Kerala Land Utilisation Order (KLU Order

for short) to construct a commercial building. The issue is no longer

res integra. (see Shahul Hameed V. Principal Secretary, Local

Self Government and Others reported in [(2018 (2) KHC 48

(DB)] and the decision in WP(C) No.16536/2018). The reason

stated in Exts.P8 & P11 is that the petitioner should produce

"commercial KLU" in his name. The petitioner has produced Exts.P2

& P3 orders which are already issued under Clause 6(2) of the KLU

order. As such, it cannot be insisted that every transferee should

produce a fresh KLU order in his name. It is also pointed out that

going by Ext.P6, the area is coming under the special category

residential building zone. Specific reference is made to Clause 13(1)

of Ext.P6, which permits construction of commercial buildings as WP(C) NO. 15639 OF 2022

well. Exts.P8 & P11 cannot be sustained to the extent they insist on

a "commercial KLU".

In the result, the writ petition is allowed. The 2 nd respondent

is directed to consider Ext.P7 application submitted by the petitioner

and grant the building permit, if the petitioner is otherwise entitled.

Exts.P12 & P13 judgments shall be kept in mind while issuing

orders. It is open for the 2 nd respondent to verify whether the land

where the petitioner proposes to make the construction comes

under Clause 13(1) of Ext.P6. Necessary orders shall be issued

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

judgment.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 15639 OF 2022

APPENDIX OF WP(C) 15639/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PALAKKAD-I VILLAGE DATED 5-3-2022.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.SR-1726/06 DATED 24.04.2006 OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO: SR-

1727/06 DATED 24.04.2006 OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD.

Exhibit P4 TRUE TRUE COPY OF THE BUILDING PERMIT NO.EJBR94/06.07/PW5 DATED 27.04.2007 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.236/1986/LAD DATED 20-11-1986.

Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.210/09/LSGD DATED 11.11.2009.

Exhibit P7 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER WITH THE 2ND RESPONDENT DATED 8.10.2021

Exhibit P8 TRUECOPY OF THE REPLY GIVEN TO PETITIONER FOR EXT P7 ON BEHALF OF RESPONDENTS 1 AND

Exhibit P9 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE MUNICIPALITY DATED 30.01.2022 .

Exhibit P10 TRUE COPY OF THE LETTER DATED 21.04.2022 SUBMITTED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

WP(C) NO. 15639 OF 2022

Exhibit P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 28.04.2022.

Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C NO. 16536 OF 2018 DATED 25-06-2018.

Exhibit P13 TRUE COPY OF THE JUDGMENT REPORTED IN (2018 (2) KHC 48(DB).

Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 23-03-2022 IN W.P.(C) NO.6334 OF 2022.