Jahangeer vs Thrissur Corporation
2024 Latest Caselaw 12484 Ker

Kerala High Court

Jahangeer vs Thrissur Corporation on 21 May, 2024

W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                         ..1..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           WP(C) NO. 30030 OF 2023
PETITIONER:
         JAHANGEER, AGED 51 YEARS,
         S/O AHAMMEDKUTTY HAJI ,ARAKKAL VETTATHU HOUSE,
         PALUPAI.P.O. CHAVAKKAD, THRISSUR DISTRICT, PIN
         -680522.

              BY ADV. SRI.ROY CHACKO


RESPONDENTS:
    1    THRISSUR CORPORATION,
         REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE
         THRISSUR, PIN - 680001.

      2       THE EXECUTIVE ENGINEER,
              THRISSUR CORPORATION,CORPORATION OFFICE
              THRISSUR, PIN - 680001.

      3       THE ASSISTANT EXECUTIVE ENGINEER,
              THRISSUR CORPORATION, CORPORATION
              OFFICE,THRISSUR, PIN - 680001.

      4       THE ASSISTANT ENGINEER
              THRISSUR CORPORATION, CORPORATION OFFICE,
              THRISSUR, PIN - 680001.

              BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30032/2023
& 1911/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                         ..2..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           WP(C) NO. 30032 OF 2023
PETITIONER:
         ANTONY KAVALAKKAT, AGED 46 YEARS,
         S/O FRANCIS, KAVALAKKAT, HOUSE, BISHOP PALACE
         ROAD, THRISSUR, PIN - 680005.

              BY ADV. SRI. ROY CHACKO


RESPONDENTS:
    1    THE THRISSUR CORPORATION,
         REPRESENTED BY THE SECRETARY, CORPORATION
         OFFICE,THRISSUR, PIN - 680001.

      2       THE EXECUTIVE ENGINEER,
              THRISSUR CORPORATION, CORPORATION OFFICE ,
              THRISSUR, PIN - 680001.

      3       THE ASSISTANT EXECUTIVE ENGINEER,
              THRISSUR CORPORATION, CORPORATION OFFICE,
              THRISSUR, PIN - 680001.

      4       THE ASSISTANT ENGINEER,
              THRISSUR CORPORATION, CORPORATION OFFICE,
              THRISSUR, PIN - 680001.

              BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30030/2023
& 1911/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                         ..3..



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           WP(C) NO. 1911 OF 2024
PETITIONERS:

      1       MOHAMMED ANWAR, AGED 67 YEARS,
              S/O. IBRAHIMKUTTY, ARAVALAPPIL HOUSE, PUTHUMANAS
              SERY DESOM &VILLAGE, PAVARATTY GRAMA PANCHAYATH,
              P.O. PARAVATTY, CHAVAKKAD TALUK, THRISSUR
              DISTRICT, PIN - 680507.

      2       SHUHAIBA ABDHUL AZIZ, AGED 44 YEARS,
              W/O. ABDUL AZEEZ,SUDANATH HOUSE, PUTHUMANASSERY
              DESOM&ROAD,PAVARATTY
              GRAMAPANCHAYATH&P.O.,CHAVAKKAD TALUK,THIISSUR
              DISTRICT, PIN - 680507.

      3       MOHAMMED AFZAL, AGED 34 YEARS,
              S/O. MANATHUVALAPPIL MOHAMED ANWAR,ARAVALAPPIL
              HOUSE,PUTHUMANASSERY DESOM& ROAD,PAVARATTY GRAMA
              PANCHAYATH & VILLAGE, P.O. PARAVATTY, CHAVAKKAD
              TALUK, THRISSUR DISTRICT.REPRESENTED BY THE
              POWER OF ATTORNEY HOLDER SRI. MUHAMMED ANWAR,
              1ST PETITIONER,S/O. IBRAHIMKUTTY,ARAVALAPPIL
              HOUSE,PUTHUMANAS SERY DESOM&ROAD,PAVARATTY GRAMA
              PANCHAYATH,& VILLAGE, ,P.O. PARAVATTY, CHAVAKKAD
              TALUK,THRISSUR DISTRICT, PIN - 680507.
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                       ..4..



      4       SAJEENA ANWAR, AGED 55 YEARS, W/O.
              MANATHUVALAPPIL MOHAMED ANWAR,ARAVALAPPIL
              HOUSE,PUTHUMANASSERY DESOM& ROAD, PAVARATTY
              GRAMA PANCHAYATH & VILLAGE, ,P.O. PARAVATTY,
              CHAVAKHAD TALUK, THRISSUR DISTRICT, REPRESENTED
              BY THE POWER OF ATTORNEY HOLDER SRI. MUHAMMED
              ANWAR, 1ST PETITIONER, S/O.
              IBRAHIMKUTTY,ARAVALAPPIL HOUSE,PUTHUMANAS
              SERYDESOM & ROAD,PAVARATTY GRAMA PANCHAYATH, &
              VILLAGE,P.O. PARAVATTY, CHAVAKKAD TALUK,THRISSUR
              DISTRICT, PIN - 680507.

      5       HENNA FATHIMMA, AGED 27 YEARS,
              W/O. ARSHAD NAZAR,MC HOUSE, MANNAM
              P.O.,CHITTATTUKKARA, NORTH
              PARAVUR,ERNAKULAM.REPRESENTED BY THE POWER OF
              ATTORNEY HOLDER SRI. MUHAMMED ANWAR, 1ST
              PETITIONER, S/O. IBRAHIMKUTTY,ARAVALAPPIL
              HOUSE,PUTHUMANAS SERYDESOM & ROAD,PAVARATTY
              GRAMA PANCHAYATH,& VILLAGE,P.O. PARAVATTY,
              CHAVAKKAD TALUK,THRISSUR DISTRICT,T PETITIONER,
              PIN - 683520.

      6       AQSA AZIZ, AGED 26 YEARS,
              W/O. HAFEEL ABDUL RCHIMAN,ERAVALLAPPIL
              HOUSE,PUTHUMANASSERY, PAVARATRY, THRI SSUR
              DISTRICT.REPRESENTED BY THE POWER OF ATTORNEY
              HOLDER SRI. MUHAMMED ANWAR, 1ST PETITIONER, S/O.
              IBRAHIMKUTTY,ARAVALAPPIL HOUSE,PUTHUMANAS SERY
              DESOM& ROAD,PAVARATTY GRAMA PANCHAYATH,&
              VILLAGE,P.O. PARAVATTY, CHAVAKKAD TALUK,THRISSUR
              DISTRICT, PIN - 680507.
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                       ..5..



      7       RINSHA MUHAMMED SHAREEF, AGED 25 YEARS,
              W/O. MUHAMMED AFEEZ,ELLUPARAMBIL
              HOUSE,MATHILAKAM GRAMAPANCHAYATH,
              KOOLIMUTTAM,P.O.THRISSUR DISTRICT, REPRESENTED
              BY POWER OF ATTORNEY HOLDER, SHUHAIBA ABDHUL
              AZIZ 2ND PETITIONER ,W/O. ABDUL
              AZEEZ,PUTHUMANASSERYDESOM & ROAD,PAVARATTY GRAMA
              PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
              TALUK,THRISSUR DISTRICT, PIN - 680691.

      8       MUHAMMED NIYAS UMMER, AGED 32 YEARS,
              S/O. URMER,PUNAYOORKULAM, THRISSUR DISTRICT,
              REPRESENTED BY POWER OF ATTORNEY HOLDER,SHUHAIBA
              ABDHUL AZIZ ,2 ND PETITIONER, W/O. ABDUL
              AZEEZ,PUTHUMANAS SERY DESOM, & ROAD,PAVARATTY
              GRAMA PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
              TALUK,THRISSUR DISTRICT, PIN - 679561.

      9       LIYASA MUHAMMEDUNNI, AGED 25 YEARS,
              W/O. MUHAMMED NIYAS UMMER,POOTHUNGALAYI
              HOUSE,CHAVAKKAD TALUK,PUNNAYOORKULAM P.O.
              THRISSUR DISTRICT. REPRESENTED BY POWER OF
              ATTORNEY HOLDER, SHUHAIBA ABDHUL AZIZ 2 ND
              PETITIONER, W/O. ABDUL AZEEZ,PUTHUMANAS SERY
              DESOM & ROAD,PAVARATTY GRAMA PANCHAYATH, P. O.
              PAVARATTY,CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN
              - 679561.

     10       HALEEMA ABDHUL AZIZ(MINOR), AGED 16 YEARS,
              D/O. ABDUL AZEEZ,SOOTHANATH HOUSE ,PAVARATTY
              VILLAGE,CHAVAKKADU TALUK, PUTHUMANASSERY
              DESOM,THRISSUR DISTRICT,REPRESENTED BY
              GUARDIAN(MOTHER) POWER OF ATTORNEY HOLDER,
              SHUHAIBA ABDHUL AZIZ, 2 ND PETITIONER, W/O.
              ABDUL AZEEZ,PUTHUMANASSERYDESOM &ROAD, PAVARATTY
              GRAMA PANCHAYATH,P. O. PAVARATTY,CHAVAKKAD
              TALUK,THRISSUR DISTRICT, PIN - 680507.

              BY ADV. SRI. ROY CHACKO
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                       ..6..



RESPONDENTS:

      1          THE THRISSUR CORPORATION,
                 THE THRISSUR CORPORATION, REPRESENTED BY ITS
                 SECRETARY, CORPORATION OFFICE, THRISSUR, PIN -
                 680001.

      2          THE EXECUTIVE ENGINEER,
                 THRISSUR CORPORATION,CORPORATION
                 OFFICE,THRISSUR, PIN - 680001.

      3          THE ASSISTANT EXECUTIVE ENGINEER,
                 THRISSUR CORPORATION, CORPORATION OFFICE,
                 THRISSUR -, PIN - 680001.

      4          THE ASSISTANT ENGINEER,
                 THRISSUR CORPORATION, CORPORATION OFFICE,
                 THRISSUR., PIN - 680001.

                 BY SRI. SANTHOSH P.PODUVAL, STANDING COUNSEL


          THIS    WRIT     PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).NOS.30030/2023
& 30032/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W. P. (C) Nos. 30030 & 30032 of 2023
and W. P. (C) No. 1911 of 2024

                                       ..7..




                          MOHAMMED NIAS C. P. , J.
                     =============================
                     W. P. (C) Nos. 30030 & 30032 of 2023
                                       and
                            W. P. (C) No. 1911 of 2024
                     =============================
                       Dated this the 21st day of May, 2024


                                  JUDGMENT

In all these Writ Petitions, the petitioners challenge the rejection of

the applications seeking building permits on the ground that construction

of commercial buildings was not permissible under the DTP Scheme then

in existence.

2. Both the learned counsel for the petitioners and the learned

Standing Counsel for the Corporation submit that a revised Master Plan

came into existence in the year 2021 as per which the properties in these

cases come under the Mixed Zone.

3. The requests for building permits were rejected since the DTP

Scheme then in force restricted the construction of commercial buildings. W. P. (C) Nos. 30030 & 30032 of 2023

..8..

In view of the revised Master Plan of the Thrissur Corporation sanctioned

by the Government in February 2021, which included the subject

properties in the Mixed Zone, there will be a direction to the respondents

to reconsider the applications for building permits submitted by the

petitioners in accordance with law and as per the revised Master Plan

within six weeks from the date of receipt of a copy of this judgment.

4. In case the Corporation needs any clarification from the

petitioners, they will be put on notice and the petitioners will be afforded

an opportunity for hearing before a decision is taken on their applications.

The Writ Petitions are allowed as above.

Sd/-

MOHAMMED NIAS C. P. , JUDGE

MMG W. P. (C) Nos. 30030 & 30032 of 2023

..9..

APPENDIX OF WP(C).NO.30030/2023 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 377/09 DATED 15.1.2007

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.5787/07 DATED3.8.2007

EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT NO. DW3/BA/480/12- 13 DATED 6.3.2013

EXHIBIT P4 TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF LAND TAX DATED 28.7.2022

EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE, DATED21.2.2023

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 10.4.2023. BEFORE THE 1ST RESPONDENT

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 4.5 2023

EXHIBIT P8(A) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(B) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(C) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(D) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(E) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(F) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P8(G) TRUE COPY OF THE PHOTOGRAPH W. P. (C) Nos. 30030 & 30032 of 2023

..10..

APPENDIX OF WP(C).NO.30032/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 22.07.2011 ISSUED BY THE ADATT GRAMA PANCHAYATH .

EXHIBIT P2 TRUE COPY OF THE PARTITION DEED DATED 19.01.2013NO. W 732429

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 26.05.2023 IN REGARD TO THE PAYMENT OF LAND TAX FOR THE VARIOUS ITEMS OF PROPERTIES FOR THE YEAR 2023-24

EXHIBIT 4 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 29.5.2023

EXHIBIT P6(A) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION PROCESSED BY 1ST RESPONDENT DATED 30.6.2023

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE SPECIAL COMMITTEE DATED 22.10.2022

EXHIBIT P6(B) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(C) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(D) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(E) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(F) TRUE COPY OF THE PHOTOGRAPH W. P. (C) Nos. 30030 & 30032 of 2023

..11..

EXHIBIT P6(G) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(H) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(I) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(J) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P6(K) TRUE COPY OF THE PHOTOGRAPH

EXHIBIT P7 TRUE COPY OF THE CHAPTER 29 OF THE MASTER PLAN FOR THRISSUR CITY RELATING TO DETAILED TOWN PLANNING SCHEME AND THEIR REVOCATION IN RESPECT OF 12 SCHEMES.

W. P. (C) Nos. 30030 & 30032 of 2023

..12..

APPENDIX OF WP(C).NO.1911/2024

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEEDNO.2358/1/2023 DATED 11.8.23

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.228L/2023 DATED 29.07.2023 OF S.R.O. THRISSUR.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR PERMIT (SEE RULE 5 (1) ,75(1),87(1), AND 93(1) DATED 12.04.2023

EXHIBIT P4 TRUE COPY OF THE PAY MENT OF RECEIPT NO CH/2023/9288 DATED 30.6.23

EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT NO 08016006633/2023 DATED NIL

EXHIBIT P6 TRUE COPY OF COMMUNICATION DW5/BA/55/23-24 DATED 22.8.2023