Mohamed Febin, S/O.Zakaria vs Thrikkakara Municipality
2024 Latest Caselaw 27862 Ker

Kerala High Court

Mohamed Febin, S/O.Zakaria vs Thrikkakara Municipality on 13 September, 2024

                                                           2024:KER:70264

              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.30225 OF 2024

PETITIONER :-

             MOHAMED FEBIN, AGED 36 YEARS
             S/O.ZAKARIA, KAKKAT HOUSE, MADATHUSSERY ROAD,
             EDAVANAKAD.P.O., ERNAKULAM, PIN - 682 502

             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 - 682 030

    2        SECRETARY,
             THRIKKAKARA MUNICIPALITY, P.O.KAKKANAD,
             ERNAKULAM, PIN - 682 030

             BY ADVS.
             S.JAMAL
             ANJALI DEVADAS(MAH/6745/2015)



     THIS    WRIT   PETITION    (CIVIL)    HAVING   COME   UP   FOR   FINAL
HEARING ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                               2024:KER:70264
WP(C) NO.30225 OF 2024

                                   -: 2 :-




                      MOHAMMED NIAS C.P., J.
                   ---------------------------------------
                     W.P.(C) No.30225 of 2024
         -----------------------------------------------------------
         Dated this the 13th day of September, 2024


                               JUDGMENT

The petitioner challenges Ext.P4 rejecting his application

for a building permit for want of plot division regularisation/plot

development permit.

2. Both sides submit that the issue is covered in

favour of the petitioner 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 plot division

regularisation/plot development permit mentioned in the impugned

order, and pass appropriate orders in accordance with the relevant 2024:KER:70264 WP(C) NO.30225 OF 2024

building rules, within a month from the date of receipt of a copy of

this judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Jvt/13.9.2024 2024:KER:70264 WP(C) NO.30225 OF 2024

APPENDIX OF WP(C) 30225/2024

PETITIONER EXHIBITS :-

Exhibit P1 A COPY OF THE SALE DEED NO.4436/2023 DATED 28.12.2023 OF SUB REGISTRY, THRIKKAKARA

Exhibit P2 A COPY OF THE LAND TAX RECEIPT DATED 09.08.2024 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 PRINTOUT OF DEFECT NOTIFIED IN THE OFFICIAL WEBSITE TOWARDS THE EXT.P3 BUILDING PERMIT APPLICATION.