Kerala High Court
Eloor Municipality vs Ajesh K.X on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
WA NO. 441 OF 2023
AGAINST THE JUDGMENT DATED 25.10.2022 IN WP(C) 26525/2022
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS NO.2 AND 3 IN WPC NO.26525/2022:
1 THE ELOOR MUNICIPALITY, MUNICIPAL OFFICE, ELOOR,
ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN -
683 501
2 THE SECRETARY, ELOOR MUNICIPALITY, MUNICIPAL OF-
FICE, ELOOR, ERNAKULAM, PIN - 683 501
BY ADVS.
K.S.ARUN KUMAR
AMRUTHA P S
VIJAY SANKAR V.H.
JERIN JOSEPH
ARYA B. VENUGOPAL
RESPONDENTS/WRIT PETITIONER AND RESPONDENT NO.1 AND
ADDL.4TH RESPONDENT IN WPC NO.26525/2022:
1 SEBASTAIN M.K, AGED 53 YEARS, S/O KURIAKOSE M.D
MOOZHIYANGAL (H) EDAPPALLY P.O ERNAKULAM DIS-
TRICT, PIN - 682 024
2 STATE OF KERALA, REPRESENTED BY SECRETARY DE-
PARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
3 THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING
OFFICE, CIVIL STATION, KAKKANAD, PIN - 682 030
BY ADVS.
ANOOP JOSEPH GP
WA NO. 441 OF 2023 and connected matters
..2..
ZERENE LINDA MITCHEL(Z-24)
ASWANI THUVVAKKADAN(K/000603/2019)
PAUL P. ABRAHAM(K/000228/2017)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA NO. 441 OF 2023 and connected matters
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
WA NO. 562 OF 2023
AGAINST THE JUDGMENT DATED 16.02.2023 IN WP(C) 3347/2023
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 3 IN WPC NO.3347/2023:
1 ELOOR MUNICIPALITY, ELOOR MUNICIPAL OFFICE,
ELOOR FERRY ROAD UDYOGAMANDAL P.O, ELOOR
ERNAKULAM DISTRICT, KERALA REPRESENTED BY ITS
SECRETARY, PIN - 683 501
2 THE SECRETARY, ELOOR MUNICIPALITY, ELOOR FERRY
ROAD UDYOGAMANDAL P.O, ELOOR ERNAKULAM DISTRICT,
KERALA, PIN - 683 501
3 THE MUNICIPAL COUNCIL, ELOOR MUNICIPALITY ELOOR
MUNICIPAL OFFICE, ELOOR FERRY ROAD UDYOGAMANDAL
P.O, ELOOR ERNAKULAM DISTRICT, KERALA
REPRESENTED BY ITS SECRETARY, PIN - 683 501
BY ADVS.
K.S.ARUN KUMAR
AMRUTHA P S
VIJAY SANKAR V.H.
JERIN JOSEPH
RESPONDENTS/PETITIONER AND RESPONDENT NO.1 IN WPC
NO.3347/2023:
1 DANIEL N.J, S/O N.D JACOB, NADUVILA VEETTIL
WA NO. 441 OF 2023 and connected matters
..4..
ELOOR NORTH, UDYOGAMANDAL ERNAKULAM, DISTRICT,
PIN - 683 501
2 STATE OF KERALA, REPRESENTED BY SECRETARY
DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
ADDL.R3 THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING
OFFICE, CIVIL STATION, KAKKANAD-682 030.
* ADDL. R3 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 15/3/23 IN W.A.562/23.
BY ADV ARUN THOMAS GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA NO. 441 OF 2023 and connected matters
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
WA NO. 564 OF 2023
AGAINST THE JUDGMENT DATED 5.01.2023 IN WP(C) 40141/2022
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 2 AND 3 IN WPC NO.40141/2022:
1 ELOOR MUNICIPALITY, MUNICIPAL OFFICE, ELOOR,
ERNAKULAM REPRESENTED BY SECRETARY, PIN - 683
501
2 THE SECRETARY, ELOOR MUNICIPALITY, MUNICIPAL
OFFICE ELOOR, ERNAKULAM, PIN - 683 501
BY ADVS.
K.S.ARUN KUMAR
AMRUTHA P S
VIJAY SANKAR V.H.
JERIN JOSEPH
RESPONDENTS/PETITIONER AND RESPONDENT NO.1 IN WPC
NO.40141/2022:
1 AJESH K.X, AGED 44 YEARS, S/O. XAVIER, KOTHAYATH
HOUSE, MANJUMMAL, ELOOR, ERNAKULAM, PIN - 683
501
2 STATE OF KERALA, REPRESENTED BY SECRETARY
DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001
WA NO. 441 OF 2023 and connected matters
..6..
BY ADVS.
ANOOP JOSEPH GP
ASWANI THUVVAKKADAN(K/000603/2019)
ZERENE LINDA MITCHEL(Z-24)
PAUL P. ABRAHAM(K/000228/2017)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA NO. 441 OF 2023 and connected matters
..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
WA NO. 663 OF 2023
AGAINST THE JUDGMENT DATED 11.02.2022 IN WP(C) 18512/2021
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDNETS 1 AND 2 IN WPC NO.18512 OF 2021:
1 ELOOR MUNICIPALITY, REPRESENTED BY SECRETARY.
MUNICIPAL OFFICE, ELOOR, ERNAKULAM, PIN - 683
501
2 THE SECRETARY, ELOOR MUNICIPALITY, MUNICIPAL
OFFICE, ELOOR, ERNAKULAM, PIN - 683 501
BY ADVS.
K.S.ARUN KUMAR
AMRUTHA P S
VIJAY SANKAR V.H.
JERIN JOSEPH
SAQIB RIZWAN
RESPONDENTS/WRIT PETITIONER AND ADDL.3RD RESPONDENT IN
WPC NO.18512/2021:
1 GEMSY PASTER @ JEROSA GEMSY, AGED 52 YEARS,
W/O PASTER, NOW RESIDING AT PALLIPARAMBIL HOUSE
MANJUMMEL, UDAYOGAMANDAL P.O ELOOR VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT, PIN - 683 501
2 THE DISTRICT TOWN PLANNER
WA NO. 441 OF 2023 and connected matters
..8..
LSGD PLANNING, DPC SECRETARIAT BUILDING CIVIL
STATION, KAKKANAD, ERNAKULAM, PIN - 682 030
BY ADV SEBIN THOMAS GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023, ALONG WITH CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA NO. 441 OF 2023 and connected matters
..9..
J U D G M E N T
A. Muhamed Mustaque, J
These appeals have been filed by the Eloor
Municipality, aggrieved by the direction of the
learned Single Judge directing the Municipality
to consider the applications for building permits
and occupancy certificates submitted by the writ
petitioners de hors the provisions contained in
Cochin Central City Structural Plan.
2. The writ petitioners submitted the
applications for building permits and occupancy
certificate. These applications have been
returned, in light of the structural plan
prepared under the repealed Town Planning Act
(Act IV of 110ME). It is citing that there
should be a minimum margin of 16.50 mts as a set
back for the proposed building, in view of the
road widening in the approved Structural Plan;
accordingly, the applications were returned for
WA NO. 441 OF 2023 and connected matters
..10..
curing the defects. The learned Single Judge
following the judgment in W.P()No.16591 of 2021,
set aside the direction of the Municipality. In
the judgment in W.P(C)No.16591 of 2021 against
the same Municipality, it was observed by the
learned single Judge that the Cochin Central City
Structural Plan was never implemented in Eloor
Municipality and it become obsolete by non-use.
It is to be noted that there is no challenge
against the judgment in W.P(C)No.16591 of 2021.
3. It is to be noted that on the
commencement of the Kerala Town and Country
Planning Act, 2016 (for short "Act"), the General
Town Planning Scheme sanctioned under the
repealed Acts have to be deemed to be a Master
Plan(see Section 113(ii)). It is seen in some of
the cases, notices were issued under Section 67
of the Act, demanding the Municipality to acquire
the land for road widening. No action was taken
by the municipality to acquire the land.
WA NO. 441 OF 2023 and connected matters
..11..
Assuming that Cochin Central City Structural Plan
is still in force, right would accrue to the
persons who have invoked Section 67 of the Act to
utilise the land without rigor of the Master
Plan, if the Municipality failed to acquire the
land within the statutory time granted. Rest of
the procedure for variation has to be undertaken
by the Government to vary such Master Plan.
4. The Cochin Central City Structural Plan
as rightly observed in the the judgment in
W.P(C)No.16591 of 2021 has become obsolete, at
least, in regard to the proposal for road
widening. It appears that such plan was prepared
30 to 40 years back (no details are forthcoming).
The Master Plan and Detailed Town Planning
Schemes are prepared for spacial development of
the city in a scientific manner. If any specific
road has been proposed to be widened in that plan
and it never materialsed for more than three
decades, it cannot result in deprivation of the
WA NO. 441 OF 2023 and connected matters
..12..
legitimate use of the property by its owner. In
such circumstances, we dismiss these appeals.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
