Kerala High Court
Baby Abdul Azeez vs The Kanhangad Municipality on 12 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 22546 OF 2017
PETITIONER:
BABY ABDUL AZEEZ
D/O.ABDUL AZEEZ, NEAR RAILWAY STATION,
P.O.KANHANGAD, HOSDURG TALUK,
KASARAGOD DISTRICT
BY ADVS.
SRI.M.SASINDRAN
SRI.V.VENUGOPAL
RESPONDENTS:
1 THE KANHANGAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
KANHANGAD-671121, KASARAGOD DISTRICT
2 THE SECRETARY
KANHANGAD MUNICIPALITY,
KANHANGAD-671121, KASARAGOD DISTRICT
3 THE REVENUE DIVISIONAL OFFICER
KANHANGAD, KASARAGOD DISTRICT-671121
BY ADV SRI.T.K.VIPINDAS
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.22546/2017
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.22546 of 2017
----------------------------------------------
Dated this the 12th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. quash Ext.P9 by issuing writ of certiorari.
ii. issue a writ of mandamus any other writ order or
direction commanding the 2nd respondent to
extent and renew the Exhibit P1 building permit
as sought for in Exhibit P2.
iii. declare that the permission of the Revenue
Divisional Officer is not required for renewal of
the building permit as sought for in Ext.P2.
iv. declare that the renewal of the building permit is
automatic and there is no discretion left with the
Secretary of the Municipality to impose the new
condition which was not there at the time of
granting building permit if the application is
submitted within the valid period of permit.
v. award cost to the petitioner.
vi. issue any other writ order or direction as this
Hon'ble Court may deem fit in the facts and
circumstances of the case.
(SIC)
2. The main prayer in this writ petition is for
extending the building permit. Ext.P9 is the order impugned.
Admittedly a building permit can be extended only for period
of three years from the date of issuance of the same. That
period is already over. If that be the case, the petitioner has to
apply for fresh building permit.
Granting liberty to the petitioner to apply for the building
permit afresh, this writ petition is disposed of. All the
contentions of the petitioner in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 22546/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT
ISSUED TO THE PETITIONER AND OTHER CO-
OWNERS
EXHIBIT P2 TRUE COPY OF THE APPLICATION ALONG
WITH THE PLAN SUBMITTED BY THE
PETITIONER FOR EXTENSION AND RENEWAL
OF THE BUILDING PERMIT DATED
28.03.2016
EXHIBIT P3 TRUE COPY OF THE RECEIPT SHOWING THE
ACCEPTANCE OF THE EXT. P2 APPLICATION
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
18.10.2016 IN W.P.(C) NO.33243/2016
EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BY
THE 1ST RESPONDENT MUNICIPALITY
SEEKING CLARIFICATION AS I.A.NO.3976
EXHIBIT P6 TRUE COPY OF THE ORDER IN
I.A.NO.3976/2017 IN W.P.(C)
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.36487/2007 DATED 13.06.2012
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE LOCAL
LEVEL MONITORING COMMITTEE DATED
2.11.2016
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 23.2.2017
ISSUED BY THE RESPONDENTS 1 AND 2
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) COPY OF REPORT OF HTE AGRICULTURAL
OFFICER, KANHANGAD DATED 8.3.2018
