Kerala High Court
Sheeba K.V vs The Palakkad Municipality on 13 September, 2024
2024:KER:70288
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO.20463 OF 2024
PETITIONER :-
MAHESHKUMAR V, AGED 45 YEARS
S/O. M. VENKITESAN, 11/546, VENKIDADHRI HOUSE, HARIKKARA
STREET, PALAKKAD DISTRICT, PIN - 678 001
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS :-
1 THE PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD
HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
3 THE DISTRICT TOWN PLANNING OFFICER,
PALAKKAD, CIVIL STATION, PALAKKAD HEAD POST OFFICE, PALAKKAD
DISTRICT, PIN - 678 001
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM
DISTRICT, PIN - 695 001
SRI.BINOY VASUDEVAN, SC
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, ALONG WITH WP(C).20459/2024, 21741/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO.20459 OF 2024
PETITIONER :-
JAYASREE S, AGED 73 YEARS
W/O. LATE T.R. VELAYUDHAN, "CHITHRAKOODAM", VADAKKUMURI,
KANNADI P.O, PALAKKAD DISTRICT, PIN - 678 701
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENT/S:
1 THE PALAKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
3 THE DISTRICT TOWN PLANNING OFFICER,
PALAKKAD, CIVIL STATION, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678 001
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001
SRI.BINOY VASUDEVAN, SC
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 3 :-
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, ALONG WITH WP(C).20463/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 4 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 21741 OF 2024
PETITIONERS :-
1 P.B NARAYANAN, AGED 50 YEARS
S/O. P.S. BALAN, SREEDARSHANA, NEDUKANNI, ALATHUR P.O,
PALAKKAD DISTRICT, PIN - 678 541
2 VEENA P.V, AGED 46 YEARS
W/O. P.B NARAYANAN, SREEDARSHANA, NEDUKANNI, ALATHUR P.O,
PALAKKAD DISTRICT, PIN - 678 541
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
RESPONDENTS :-
1 THE PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678
001
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN - 678
001
3 THE DISTRICT TOWN PLANNING OFFICER,
PALAKKAD, CIVIL STATION, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678 001
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 5 :-
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001
SRI.BINOY VASUDEVAN, SC
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, ALONG WITH WP(C).20463/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 6 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 21814 OF 2024
PETITIONER :-
SHEEBA K.V, AGED 50 YEARS
W/O. SASIKUMAR, THANKAM NIVAS, MUKANATH PARAMBU,
WEST YAKKARA P.O, PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
RESPONDENTS :-
1 THE PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT,
PIN - 678 001
3 THE DISTRICT TOWN PLANNING OFFICER,
PALAKKAD, CIVIL STATION, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678 001
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 7 :-
SRI.BINOY VASUDEVAN, SC
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, ALONG WITH WP(C).20463/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
-: 8 :-
MOHAMMED NIAS C.P., J.
---------------------------------------
W.P.(C) Nos.20463, 20459, 21741 &
21814 of 2024
-----------------------------------------------------------
Dated this the 13th day of September, 2024
JUDGMENT
All these writ petitions relate to the rejection of the
building permit by the Municipality on the ground that the
properties for which permissions were sought were situated in
paddy zone.
2. The learned Standing Counsel appearing for the
respondent Municipality submits that a new Master Plan was
approved as per G.O.(MS) No.101/2024/LSGD dated 03.08.2024,
as per which, the properties involved in all these cases are coming
under the residential zone-II. This is recorded.
Accordingly, the impugned orders in all these
cases are quashed. There will be a direction to the Municipality to
reconsider the applications on the basis of new Master Plan
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
referred to above, which shall be done within a period of six weeks
from the date of receipt of a copy of this judgment.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Jvt/13.9.2024
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
APPENDIX OF WP(C) 20463/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED
13.04.2024 ISSUED BY THE VILLAGE OFFICER,
PALAKKAD-3 VILLAGE.
Exhibit-P2 A TRUE COPY OF THE OBJECTION LETTER UPLOADED IN
THE KSMART PORTEL ON 03.06.2024.
Exhibit-P3 A TRUE COPY OF THE LETTER DATED 01.02.2020
ISSUED BY THE CHIEF TOWN PLANNER.
Exhibit-P3(a) A TYPED COPY OF THE EXHIBIT-P3
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022 IN
W.P.(C) NO.24396/2021 OF THIS HONOURABLE COURT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023 IN
W.P.(C) NO.14613/2020 OF THIS HONOURABLE COURT.
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
APPENDIX OF WP(C) 20459/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED
16.04.2024 ISSUED BY THE VILLAGE OFFICER,
PALAKKAD-2 VILLAGE.
Exhibit-P2 A TRUE COPY OF THE ORDER NO. 695/2024 DATED
15.01.2024 ISSUED BY THE REVENUE DIVISIONAL
OFFICER, PALAKKAD.
Exhibit-P3 A TRUE COPY OF THE OBJECTION LETTER UPLOADED IN
THE KSMART PORTEL ON 27.05.2024.
Exhibit-P4 A TRUE COPY OF THE LETTER DATED 01.02.2020
ISSUED BY THE CHIEF TOWN PLANNER.
Exhibit-P4(a) A TYPED COPY OF THE EXHIBIT-P4.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022 IN
W.P.(C) NO.24396/2021 OF THIS HONOURABLE COURT.
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023 IN
W.P.(C) NO.14613/2020 OF THIS HONOURABLE COURT.
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
APPENDIX OF WP(C) 21741/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 27.05.2024 ISSUED BY THE VILLAGE
OFFICER, PALAKKAD-3 VILLAGE.
Exhibit-P2 A TRUE COPY OF THE OBJECTION LETTER UPLOADED
IN THE INTERNET PORTAL OF THE SECOND
RESPONDENT ON REJECTING THE APPLICATION DATED
16.05.2024.
Exhibit-P3 A TRUE COPY OF THE LETTER DATED 01.02.2020
ISSUED BY THE CHIEF TOWN PLANNER.
Exhibit-P3(a) A TYPED COPY OF THE EXHIBIT-P3.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022
IN W.P.(C) NO.24396/2021 OF THIS HONOURABLE
COURT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023
IN W.P.(C) NO.14613/2020 OF THIS HONOURABLE
COURT.
2024:KER:70288
WP(C) NOs.20463, 20459, 21741 & 21814 OF 2024
APPENDIX OF WP(C) 21814/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 27.05.2024 ISSUED BY THE VILLAGE
OFFICER, YAKKARA VILLAGE, PALAKKAD DISTRICT.
Exhibit-P1(a) A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 31.05.2024 ISSUED BY THE VILLAGE
OFFICER, YAKKARA VILLAGE, PALAKKAD DISTRICT.
Exhibit-P2 A TRUE COPY OF THE OBJECTION LETTER UPLOADED
IN THE KSMART PORTAL ON 15.06.2024.
Exhibit-P3 A TRUE COPY OF THE LETTER DATED 01.02.2020
ISSUED BY THE CHIEF TOWN PLANNER.
Exhibit-P3(a) A TYPED COPY OF THE EXHIBIT-P3.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 15.03.2022
IN W.P.(C) NO.24396/2021 OF THIS HONOURABLE
COURT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 23.02.2023
IN W.P.(C) NO.14613/2020 OF THIS HONOURABLE
COURT.
