Kerala High Court
Yasir.K.A vs Thrikkakara Municipality on 3 September, 2024
WP(C) Nos.26903 and 29064 of 2024
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2024:KER:66593
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 26903 OF 2024
PETITIONER:
NISHAD.A.A,
AGED 41 YEARS
S/O.ALI, AKAMPURATH HOUSE,
THALAKKOTTUMOOLA, EDACHIRA, THENGODE.P.O.,
KAKKANAD.S.O., ERNAKULAM, PIN - 682030
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 THRIKKAKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
P.O.KAKKANAD, ERNAKULAM, PIN - 682030
2 SECRETARY,
THRIKKAKARA MUNICIPALITY,
P.O.KAKKANAD, ERNAKULAM, PIN - 682030
BY ADV S.JAMAL - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH WP(C).29064/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.26903 and 29064 of 2024
2
2024:KER:66593
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 29064 OF 2024
PETITIONER:
YASIR.K.A,
AGED 48 YEARS
S/O.ABDUKUNJU,HIDAYATH HOUSE,
KANNANCHACKASSERIL, THAMARAMUKK ,
MANJALY,MANNAM.P.O.,ERNAKULAM, PIN - 683520
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 THRIKKAKARA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
P.O.KAKKANAD, ERNAKULAM, PIN - 682030
2 SECRETARY,
THRIKKAKARA MUNICIPALITY,
P.O.KAKKANAD, ERNAKULAM, PIN - 682030
SRI. S.JAMAL - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024, ALONG WITH WP(C).26903/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.26903 and 29064 of 2024
3
2024:KER:66593
MOHAMMED NIAS C.P., J.
=====================================
W.P.(C) NOs. 26903 and 29064 OF 2024
======================================
Dated this the 3rd day of September, 2024
JUDGMENT
The petitioners impugned Ext.P4 in both the writ petitions, returning
application for a building permit for want of layout approval/development permit.
2. Both sides submit that the issue is covered in favour of the
petitioners by the judgments of this Court in Nafeesa v. Chavakkad Municipality
[2018 (3) KLT 1] and Panjal Grama Panchayat v. Aneesh P. [2022 (2) KLT 653].
3. Accordingly, the impugned order is quashed and there will be a
direction to the 2nd respondent to consider the application for a building permit
submitted by the petitioner, if it is otherwise in order, without insisting on the
layout approval/development permit mentioned in the impugned order, and pass
appropriate orders in accordance with the relevant building rules, within a month
from the date of receipt of a copy of this judgment.
Thes Writ Petitions are allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) Nos.26903 and 29064 of 2024
2024:KER:66593
APPENDIX OF WP(C) 29064/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE SALE DEED NO.4385/2023 DATED
22.12.2023 OF SUB REGISTRY, THRIKKAKARA
EXHIBIT P2 A COPY OF THE LAND TAX RECEIPT DATED
09.02.2024 ISSUED FROM KAKKANAD VILLAGE
OFFICE
EXHIBIT P3 A COPY OF THE APPLICATION FOR BUILDING PERMIT
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT THROUGH WEBSITE DATED 06.08.2024
EXHIBIT P4 A COPY OF THE SCREENSHOT OF THE DEFECTS SHOWN
IN THE WEBSITE
WP(C) Nos.26903 and 29064 of 2024
2024:KER:66593
APPENDIX OF WP(C) 26903/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A COPY OF THE SALE DEED NO.3850/2023 DATED
09.11.2023 OF SUB REGISTRY, THRIKKAKARA.
EXHIBIT P2 A COPY OF THE LAND TAX RECEIPT DATED
13.05.2024 ISSUED FROM KAKKANAD VILLAGE
OFFICE.
EXHIBIT P3 A COPY OF THE APPLICATION FOR BUILDING PERMIT
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT THROUGH WEBSITE DATED 24.07.2024.
EXHIBIT P4 A COPY OF THE SCREENSHOT OF THE DEFECTS SHOWN
IN THE WEBSITE.
// True Copy // PA To Judge
