Kerala High Court
Abdul Ashif Kanchirathingal vs The Secretary on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 27643 OF 2023
PETITIONERS:
1 ABDUL ASHIF KANCHIRATHINGAL,
AGED 50 YEARS
S/O MUHAMMED HAJI, KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O., KOZHIKODE,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE, PIN - 673573
2 ARSHAQ M,
AGED 32 YEARS
S/O MOHAMMED ASHRAF,RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O .,
KOZHIKODE DISTRICT, PIN - 673573
3 ASHIQUE M,
AGED 27 YEARS
S/O MOHAMMED ASHRAF, RESIDING AT MACHINGAL HOUSE,
THEYYALA ROAD, MALAPPURAM DISTRICT -676302,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. HAFISH BABU K, AGED 52 YEARS,
S/O MUHAMMED HAJI , KANCHIRATHINGAL,
KANCHIRATHINGAL HOUSE, THAMARASSERY P O.,
KOZHIKODE DISTRICT - 673 573
BY ADVS.
M.K.SUMOD
VIDYA M.K.
RAJ CAROLIN V.
THUSHARA.K
RESPONDENTS:
1 THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION,BEACH P O,
KOZHIKODE DISTRICT, PIN - 673032
2 THE KOZHIKODE MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,BEACH P O,
KOZHIKODE DISTRICT, PIN - 673032
WP(C) NO. 27643 OF 2023
..2..
BY ADV SHRI.V.KRISHNA MENON, SC,
KOZHIKODE MUNICIPAL CORPORATION
SMT. AMMINIKUTTY K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27643 OF 2023
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MOHAMMED NIAS C.P., J.
=========================
W.P.(C.) No. 27643 of 2023
=========================
Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with the following
prayers;
" i) Issue Writ of Certiorari by quashing the Exhibit PI rejection
order of the 1st respondent by calling for the records leading
to the issuance of the same.
ii) Issue writ of Mandamus or any other order, writ or direction
to the 1st respondent to re-consider the application dated
01/03/2023 and referred to in Exhibit P1, in a time bound
manner and within a period of one month from the date of final
disposal of the writ petition."
2. The petitioner's application for a building permit
was rejected on the ground of a proposal for acquisition
and not on any grounds stipulated under Rule 11 of the
KMBR 2019. This issue is covered in favour of the petitioner
WP(C) NO. 27643 OF 2023
..4..
by the judgment of this Court reported in District Town
Planner, Malappuram and Others v. Vinod and
Others (2019 (3) KHC 673.
3. Accordingly Ext P1 is quashed and there will be a
direction to the 1st and 2nd respondents to reconsider the
application for a building permit submitted by the
petitioner dated 1-3-2023 and pass orders on the
application for plan and approval in accordance with law
and taking note of the above judgment within a period of
six weeks from the date of receipt of a copy of the
judgment.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 27643 OF 2023
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APPENDIX OF WP(C) 27643/2023
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE REJECTION ORDER WITH
REF. NO. TP3/17358/23 DATED 03/04/2023
OF THE 1ST RESPONDENT TO THE
PETITIONERS
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
14/05/2023 SUBMITTED BY THE PETITIONERS
THROUGH THEIR POWER OF ATTORNEY HOLDER
HAFISH BABU K TO THE PUBLIC INFORMATION
OFFICER OF THE 2ND RESPONDENT UNDER RTI
ACT
EXHIBIT P3 TRUE COPY OF THE REPLY UNDER REF NO.
TP3/TP12/47618/23 DATED 13/07/2023
ISSUED BY THE PUBLIC INFORMATION
OFFICER OF THE 2ND RESPONDENT TO MR.
HAFISH BABU K
EXHIBIT P4 TRUE COPY OF THE PURCHASE NOTICE DATED
30/10/2023 AND SUBMITTED BEFORE THE
RESPONDENTS BY THE PETITIONERS
EXHIBIT P5 TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGMENT WITH NUMBER 87287 DATED
30/10/2023 ISSUED FROM THE OFFICE OF
THE RESPONDENTS
// True Copy // PA To Judge
