Kerala High Court
Thulasi Dhanapalan vs Kodungallur Municipality on 15 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14102 OF 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 14102 OF 2025
PETITIONER:
THULASI DHANAPALAN,
AGED 78 YEARS
KALATHIPARAMBIL HOUSE, KOTTAPPURAM. P.O.,
KODUNGALLUR, THRISSUR, PIN - 680664
BY ADVS. SRI.KODOTH SREEDHARAN
SHRI.CHACKOCHEN VITHAYATHIL
SHRI.ABHIRAM T.K.
SHRI.JIPSON JOHN
RESPONDENTS:
1 KODUNGALLUR MUNICIPALITY,
KODUNGALLUR P.O., KODUNGALLUR, THRISSUR ,
REPRESENTED THROUGH ITS SECRETARY, PIN - 680664
2 THE SECRETARY,
THE KODUNGALLUR MUNICIPALITY, KODUNGALLUR P.O.,
KODUNGALLUR, THRISSUR, PIN - 680664
3 STATE OF KERALA ,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT , LOCAL SELF GOVERNMENT (RC) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
*4 ADDL.R4. THE KERALA COASTAL ZONE MANAGEMENT
AUTHORITY,
REPRESENTED BY ITS SECRETARY, 4TH FLOOR, KSRTC BUS
TERMINAL, THAMPANOOR, THIRUVANANTHAPURAM - 695001
*(ADDL.R4 IS IMPLADED AS PER ORDER DATED 03-07-2025
IN IA 1/2025 IN WPC 14102/2025)
BY ADV SHRI.PRAKASH M.P., SC, KCZMA
SMT.PREETHA K K, GP
SRI.K A NOUSHAD, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14102 OF 2025 2
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JUDGMENT
Dated this the 15th day of July, 2025
The writ petition is filed to quash Ext.P3 order and
direct the 1st respondent to reconsider Ext.P2 application
for building permit expeditiously.
2. The petitioner is the owner in possession of
2.01 Ares of land in Methala Village, Kodungallur Taluk
covered under Ext.P1 land tax receipt situated within the
territorial limits of the 1st respondent Municipality. The
petitioner has submitted Ext.P2 application for building
permit to construct a residential building having a plinth
area of 201 square meter. However, by Ext.P3 letter, the
2nd respondent has rejected the application on the ground
that there is a proposal to widen the road in front of the
petitioner's property as per the master plan and further
that the petitioner requires a No Objection Certificate
(NOC) from the Coastal Regulation Zone Authority.
Immediately on receipt of Ext.P3 letter, the petitioner
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submitted Ext.P4 purchase notice before the 1 st
respondent under Section 67(1) of the Kerala Town and
Country Planning Act, 2016 ('Act', in short) requesting
them to purchase the said property. But by Ext.P5 order,
the 2nd respondent has rejected the said purchase notice.
As the petitioner proposes to construct a building below
300 square meter and that the 2nd respondent has not
purchased the petitioner's property even after lapse of 60
days, Ext.P3 letter is untenable.
3. In the statement filed by the respondents 1
and 2, it is admitted that the petitioner proposes to
construct a residential building having a plinth area of
201 meter square and the petitioner's purchase notice has
been rejected by the decision dated 06.03.2025 of the
Council of the 1st respondent Municipality. Therefore, the
writ petition is only to be dismissed.
4. Pursuant to the directions of this Court, the
petitioner has impleaded the additional 4th respondent in
the writ petition.
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5. Heard; the learned counsel for the
petitioner, the learned Standing Counsel appearing for the
respondents 1 and 2, the learned Government Pleader and
the learned Standing Counsel appearing for the 4 th
respondent .
6. The learned Standing Counsel appearing
for the 4th respondent drew the attention of this Court to
Regulation 7(vi) of the Coastal Regulation Zone
Notification, 2019 and submitted that, only if the dwelling
unit exceeds 300 square meters, it is necessary to obtain a
NOC from the Coastal Zone Management Authority. In the
case at hand since the petitioner's residential building is
having a plinth area of less than 300 square meters, there
is no necessity to obtain a NOC.
7. In light of the above submission, the 2nd
respondent's contention that the petitioner has to obtain a
NOC from the 4th respondent is unwarranted.
8. It is not in dispute that, by Ext.P4
purchase notice issued under Section 67(1) of the Act, the
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petitioner requested the 1st respondent to purchase the
said property. But, the Council of the 1 st respondent has
rejected the notice as per Ext.P5 decision.
9. In a plethora of judgments, this Court has
held that, once a purchase notice is issued and the
authority fails to act within the prescribed time under
Section 67(1) of the Act, then the right of the land owner
gets crystalised to use the property for any other purpose
in accordance with law, and is not bound by any approved
Master plan/DTP Scheme. After the lapse of the period,
there is no legal restriction for the authority to act on the
application for the building permit [Read the decisions in
Town Planner, District Town Planning Office v.
Joseph Jacob (2023 KHC 145) and Pradeep Kumar P.B.
and others v. Maradu Municipality and others (2022
(3) KHC 253)].
10. In light of Regulation 7(vi) of the
Notification and in view of the exposition of law in the
aforecited decisions, I hold that the writ petition is only to
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be allowed in the following manner:
(i) Exts.P3 letter and P5 decision are quashed.
(ii) The 2nd respondent is directed to reconsider
Ext.P2 application, in accordance with law and as
expeditiously as possible, at any rate, within 30
days from the date of production of a copy of this
judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF WP(C) 14102/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
10/10/2024
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
06/01/2025
EXHIBIT P3 TRUE COPY OF THE REPLY LETTER DATED
25/01/2025 BY THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REQUEST LETTER DATED
10/02/2025 BY THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE DECISION DATED 06/03/2025
EXHIBIT P5(a) TRUE COPY OF THE INTIMATION FROM THE 1ST
RESPONDENT TO THE PETITIONER DATED
17/03/2025
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
27342/2023 DATED 18-3-2024
