E.K. Sivadas vs Kozhikode Corporation
2024 Latest Caselaw 6021 Ker

Kerala High Court

E.K. Sivadas vs Kozhikode Corporation on 23 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                     WP(C) NO. 29456 OF 2023
PETITIONER:

            E.K. SIVADAS
            AGED 76 YEARS
            S/O. PAINANDY, KANNANCHALIL HOUSE,
            KOTOOLI AMSOM DESOM,
            KOZHIKODE DISTRICT,
            PIN - 673 001.

            BY ADVS.
            A.V.M.SALAHUDIN
            RAKHI RAMACHANDRAN


RESPONDENTS:

    1       KOZHIKODE CORPORATION
            REPRESENTED BY ITS SECRETARY,
            KOZHIKODE, PIN - 673 001.
    2       SECRETARY
            KOZHIKODE CORPORATION,
            KOZHIKODE, PIN - 673 001.

            BY ADV SANTHOSH KUMAR G - SC



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.29456 OF 2023

                                 2




                               JUDGMENT

The petitioner applied for a building permit for

construction of a commercial building in his property

having an extent of 18.35 cents comprised in Re. Sy.

No.993/4 in Kozhikode Corporation. The same was

rejected as per Ext.P2 on the ground that the

construction proposed is against the DTP Scheme.

Accordingly, the petitioner has filed this writ petition

for a direction to quash Ext.P2 and to direct the

respondents to issue building permit as applied for.

2. When the writ petition came up for

consideration on 06.02.2024, the learned counsel for

the petitioner limited his prayer for consideration of

the application for building permit in accordance with

the new master plan. Accordingly this matter was

posted for instructions of the learned Standing

Counsel for the respondent Corporation. WP(C).No.29456 OF 2023

3. The learned Standing Counsel submits that

the application for building permit submitted by the

petitioner can be considered in accordance with the

new master plan.

4. Accordingly, there will be a direction to the

2nd respondent to consider the application for building

permit in accordance with the new master plan. This

shall be done within a period of one month from the

date of receipt of a copy of this judgment, and in

accordance with law. It is made clear that, this Court

has not expressed any opinion on the merits of the

writ petition.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.29456 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE SITE PLAN SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE APPLICATION FOR BUILDING PERMIT.

EXHIBIT P2 THE TRUE COPY OF THE THE ORDER NO.

TP9/99731/2022 DATED 15/07/2023. EXHIBIT P3 PHOTOGRAPH NO.1 OF THE LOCATION WHERE THE PETITIONER'S PROPERTY IS SITUATED. EXHIBIT P4 PHOTOGRAPH NO.2 OF THE LOCATION WHERE THE PETITIONER'S PROPERTY IS SITUATED. EXHIBIT P5 PHOTOGRAPH NO.3 OF THE LOCATION WHERE THE PETITIONER'S PROPERTY IS SITUATED.

RESPONDENTS EXHIBITS: NIL.