Gold Line Metal Industries vs The State Of Kerala
2024 Latest Caselaw 23287 Ker

Kerala High Court

Gold Line Metal Industries vs The State Of Kerala on 2 August, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
                        WP(C) NO. 22077 OF 2023


PETITIONER:

            GOLD LINE METAL INDUSTRIES,
            AGED 73 YEARS
            DOOR NO. 3, 3-1 SF NO. 694/2A, MADHUKKARAI ROAD,
            KURICHI, COIMBATORE- 641021, REPRESENTED BY ITS PARTNER
            P.K. VARGHESE, AGED 73 YEARS , S/O LATE P. V. KURIEN,
            PALLIKUNNEL HOUSE, 36/3180, UDAYANAGAR KALOOR, KOCHI,
            PIN - 682017
            BY ADVS.
            S.SHANAVAS KHAN
            KALA G.NAMBIAR
            S.INDU


RESPONDENTS:

    1       THE STATE OF KERALA,
            REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL
            SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DIRECTOR OF URBAN AFFAIRS,
            DIRECTORATE OF URBAN AFFAIRS, FIRST FLOOR, SWARAJ
            BHAVAN, PMG JUNCTION, TTC JUNCTION ROAD, NANTHANCODE
            P.O., KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003
    3       THE CHIEF TOWN PLANNER (PLANNING),
            DEPARTMENT OF TOWN AND COUNTRY PLANNING, IIND FLOOR,
            SWARAJ BHAVAN NANTHANCODE, THIRUVANANTHAPURAM, PIN -
            695003
    4       THE SENIOR TOWN PLANNER,
            DISTRICT TOWN PLANNING OFFICE, KUNNUMPURAM, PADAMUGHAL,
            KAKKANAD, KOCHI, PIN - 682030
    5       KOCHI MUNICIPAL CORPORATION,
            MUNICIPAL OFFICE, ERNAKULAM REPRESENTED BY ITS
            SECRETARY, PIN - 682011
    6       THE SECRETARY,
            KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE,
            ERNAKULAM, PIN - 682011
    7       THE ASSISTANT EXECUTIVE ENGINEER,
            KOCHI MUNICIPAL CORPORATION, VYTTILA ZONAL OFFICE,
            VYTTILA , ERNAKULAM, PIN - 682019
 W.P(C) No. 22077 of 2023              2



OTHER PRESENT:

            SMT.AMMINIKUTTY K., SR.GP, SRI.K.JANARDHANA SHENOY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No. 22077 of 2023                       3


                          MOHAMMED NIAS C.P., J.
                    ==========================
                           W.P(C) No. 22077 of 2023
                    ==========================
                    Dated this the 2nd day of August, 2024


                                 JUDGMENT

The petitioner seeks a direction, for a consideration of Exts. P6 and P7

applications seeking a building permit. Both sides submits that, in view of the

revised Master Plan issued as per order No. 54/2024/LSGD dated 22/05/2024

issued by the Local Self Government Department, the area where the permit is

sought has been included as commercial zone.

2. In view of the above, there will be a direction to the 6 th respondent

or any one else authorized to pass orders on the application for building permit

in view of the revised Master Plan referred to above and subject to the relevant

building rules within 6 weeks from the date of receipt of copy of this judgment.

This Writ Petition is disposed of as above. To enable the above exercise,

the interim order is quashed.

Sd/-

MOHAMMED NIAS C.P. JUDGE mus

APPENDIX OF WP(C) 22077/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 3628/1/2021 DATED 28/12/2021 OF SUB REGISTRY OFFICE, ERNAKULAM .

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 24/01/2022 ISSUED FROM VILLAGE OFFICE, ELAMKULAM .

EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3(A) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3(B) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3(C) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3 (D) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3 (E) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3(F) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P3 (G) TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE NATURE OF AREA WHEREIN THE PROPERTY IS SITUATED .

EXHIBIT P4 TRUE COPY OF THE PLAN DATED NIL SUBMITTED BY PETITIONER BEFORE THE 5TH RESPONDENT . EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DATED 21/10/2022 ISSUED BY THE 7TH RESPONDENT . EXHIBIT P6 TRUE COPY OF THE REVISED PLAN DATED NIL SUBMITTED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT APPLICATION DATED 07/02/2023.

EXHIBIT P8 TRUE COPY OF THE NOTICE NO. MOP1/COC/22938/22 DATED 07/06/2023 OF THE 7TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE LETTER DATED 01/02/2020 OF THE CHIEF TOWN PLANNER (PLANNING), THIRUVANANTHAPURAM .

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 15/03/2022 IN

W.P. (C) NO24396/2021 OF THIS HON'BLE COURT . EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 23/02/2023 IN W.P. (C) NO.14613/2020 OF THIS HON'BLE COURT .