Kerala High Court
Mohamed Riaz E vs The Palakkad Municipality on 5 April, 2024
WP(C) No.28464/2023 1/3 Order Date : 05-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
WP(C) NO. 28464 OF 2023
PETITIONER:
MOHAMED RIAZ E, AGED 42 YEARS, S/O. K.A IBRAHIM, KURIYAPULLY HOUSE,
5/152, UPASANA NAGAR, PIRAYIRI P.O, PALAKKAD DISTRICT, PIN - 678004
RESPONDENTS:
1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL
OFFICE, PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
2. THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD
HEAD POST OFFICE, PALAKKAD, DISTRICT, PIN - 678001
3. THE DISTRICT TOWN PLANNING OFFICER, PALAKKAD, CIVIL STATION,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678001
4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to permit to the petitioner to construct a residential building in
the plot subject to any conditions that this hon'ble court may be pleased
to impose, pending disposal of this writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. JACOB SEBASTIAN, WINSTON K.V, ANU JACOB & KEERTHY RAJ, Advocates for
the petitioner and SRI. BINOY VASUDEVAN,Advocate for R1 & R2 and
of GOVERNMENT PLEADER for R3 & R4, the court passed the following:
WP(C) No.28464/2023 2/3 Order Date : 05-04-2024
MOHAMMED NIAS C.P., J
............................................................
WP(C)Nos.36078, 34899 & 28464 of 2023
&
3507, 3616 & 9620 of 2024
.............................................................
Dated this the 5th day of April, 2024
ORDER
All these cases relate to the rejection of building permits on the ground
that the properties belong to paddy zone in the existing master plan. Though the
learned counsel for the petitioners places reliance on the judgment of this Court
in WP(C)No.24396/2021 dated 15.3.2022 and also Ex.P6 order passed by the
Chief Town Planner, for effective adjudication of the writ petition, the nature of
the adjacent zone is relevant more so in the light of the order passed by the
Chief Town Planner, Ext.P6. The petitioners also have a specific case that the
adjacent land zone is a mixed zone and that there are several commercial and
residential buildings in the area.
Given the above contentions, there will be a direction to the Municipality
to conduct a site inspection of the properties in question. The Municipality will
also intimate the details of the permits for construction of the commercial or
other buildings issued in the vicinity of the properties in question for which
building permits have been applied for. An affidavit along with the report shall
be filed on or before 21.5.2024. Post these matters on 21.5.2024.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/5.4.2024
WP(C) No.28464/2023 3/3 Order Date : 05-04-2024
PPENDIX OF WP(C) 28464/2023
Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.78284043
DATED 04.06.2023 ISSUED BY THE VILLAGE OFFICER,
PALAKKAD I VILLAGE OFFICE.
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 23.04.2023 ISSUED BY THE
REVENUE DIVISIONAL OFFICER, PALAKKAD.
Exhibit-P3 A TRUE COPY OF THE ORDER DATED 21.08.2023 ISSUED BY THE
SECOND RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE ORDER DATED 01.02.2020 ISSUED BY THE
CHIEF TOWN PLANNER.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022 IN W.P.(C)
NO.24396/2021 OF THIS HONOURABLE COURT.
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023 IN W.P.(C)
NO.14613/2020 OF THIS HONOURABLE COURT.
Exhibit R-1 (a) True copy of the G.O(MS)No.210/09/LSGD dated 11.11.2009
