Kerala High Court
Joshy K Joseph vs State Of Kerala on 21 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:54162
WP(C) NO. 24031 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 24031 OF 2025
PETITIONER:
JOSHY K JOSEPH
AGED 52 YEARS
S/O AIPE JOSEPH, NOW RESIDING AT KUNAMPARAMBIL
HOUSE, NJARAKKAL P.O, KOCHI,ERNAKULAM, PIN - 682505
BY ADV SRI.DENIZEN KOMATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
ADMINISTRATION (G) DEPARTMENT, THIRUVANANTHAPURAM.,
PIN - 695001
2 NJARAKKAL GRAMA PANCHAYAT
OFFCE OF NJARAKAL GRAMA PANCHAYT, HOSPITAL
JUNCTION, NJARAKKAL POST, KOCHI - REPRESENTED BY
ITS SECRETARY.,ERNAKULAM, PIN - 682505
3 SECRETARY
OFFCE OF NJARAKAL GRAMA PANCHAYT, HOSPITAL JUNCTION
,NJARAKKAL ,NJARAKKAL POST, KOCHI,ERNAKULAM, PIN -
682505
4 SENIOR TOWN PLANNING OFFICER
LOCAL SELF GOVERNMENT DEPARTMENT (PLANNING), OFFICE
OF THE DISTRICT TOWN PLANNING OFFICER, IVTH FLOOR,
CIVIL STATION, KAKKANAD,ERNAKULAM., PIN - 682030
BY ADV SHRI.K.S.ARUN KUMAR
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WP(C) NO. 24031 OF 2025
2
SR.GP SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 24031 OF 2025
3
Dated this the 21st day of July, 2025
JUDGMENT
The writ petition is field to quash Ext.P5 order
and direct the 3rd respondent to reconsider the
petitioner's application to change the occupancy of a
residential building to a commercial building in the
ground floor.
2. The petitioner is the owner in possession of the
property covered under Ext.P1 sale deed and situated
within the territorial limits of the 2 nd respondent
Panchayat. The petitioner has constructed a residential
building in the property as evidenced by Ext.P3
ownership certificate. The petitioner had submitted an
application to change the occupancy of the building from
a residential building to a commercial building in the
ground floor and renovate the building by constructing an
additional floor and the ground floor to be partially
converted as a commercial building by constructing two
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shop rooms. But, by the impugned Ext.P5 order, the 2 nd
respondent has rejected the application on the ground
that there is a proposal to widen the Vypin-Pallipuram
State Highway. Therefore, the petitioner must leave the
mandatory setback, otherwise it would be violative of the
Town Planning Scheme. The Cochin Structural Plan
came into force nearly four decades back. The
petitioner's plot has a length of only 3.24 metres.
Therefore, he has no place to provide the setback as
directed by the 3rd respondent. The Cochin Structural
Plan has not been given effect till date. Apart from
freezing of land on either side of the State Highway for
nearly four decades, nothing has been done to implement
the structural plan. In Exts.P6 to P9 judgments rendered
by this Court in cases of identical nature, it has been held
that the Cochin Structural Plan has become obsolete.
The petitioner is entitled to the benefit of the above
judgments. Therefore, Ext.P5 may be quashed.
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WP(C) NO. 24031 OF 2025
3. Heard; the learned counsel for the petitioner,
the learned Special Government Pleader and the learned
Standing Counsel for the respondents 2 to 4.
4. The learned Counsel for the petitioner relied
on the judgment of the Division Bench of this Court in
W.A.No.1448/2025, an appeal filed by the State
challenging the judgment in an identical matter. The said
appeal was also dismissed.
5. The learned Special Government Pleader
submits that, it was only because the State was
aggrieved by the observations made by this Court that,
the Cochin Structural Plan has become obsolete, the Writ
Appeal was filed. The Division Bench has insulated the
interest of the State. She also submitted that the Cochin
Structural Plan has been revised and has come into force
in 2024. However, the places situated in the outskirts of
the city are still governed by the old plan. The
observations made by this Court in Exts.P6 to P9
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WP(C) NO. 24031 OF 2025
judgments, that the Cochin Structural Plan is obsolete, is
incorrect. She also stated that the studies to revise the
structural plan in the areas situated in the outskirts of the
city are in progress. Nonetheless, she could not give a
definite time period within which the structural plan for
the said areas would be revised.
6. It is not in dispute that, Ext.P9 judgment was
rendered by this Court in respect of construction of a
building within the 2nd respondent Panchayat. This Court
has categorically observed that, in number of judgments
rendered by this Court it is observed that the authorities
have ignored the structural plan and have issued building
permits to several persons, irrespective of the zones and
anticipated road widening. Therefore, the strict
compliance of the structural plan cannot be insisted upon.
7. In light of the above exposition of law and the
judgment in W.A.No.1448/2025, I am of the firm view that
the petitioner cannot be discriminated on the ground that
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WP(C) NO. 24031 OF 2025
the structural plan would be revised in the future.
In the above circumstances, without making any
observation regarding the structural plan, but
considering that several buildings have been constructed
within the 2nd respondent Panchayat, despite the
anticipated widening of the Vypin-Pallipuram State
Highway, I quash Ext.P5 order and direct the 3 rd
respondent to reconsider the petitioner's application for
change of occupancy, if the application is otherwise in
order, in accordance with law and as expeditiously as
possible, at any rate, within two months from the date of
production of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm21/7/2025
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WP(C) NO. 24031 OF 2025
APPENDIX OF WP(C) 24031/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED DOCUMENT
BEARING NO 1933/2017 OF NJARAKKAL SUB
REGISTRAR OFFICE
Exhibit P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF
THE SAID PROPERTY DATED 12.06.2025 FOR
THE FINANCIAL YEAR 2025-2026
Exhibit P3 TRUE PHOTOCOPY OF THE OWNERSHIP
CERTIFICATE ISSUED BY THE 2ND RESPONDENT
PANCHAYAT OF THE ABOVE SAID PROPERTY
DATED 20.06.2023
Exhibit P4 TRUE PHOTOCOPY OF THE BUILDING PLAN
SUBMITTED BY THE PETITIONER BEFORE THE
2ND AND 3RD RESPONDENTS
Exhibit P5 TRUE PHOTOCOPY OF THE IMPUGNED REJECTION
LETTER ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT DATED 22.08.2024
Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.C NO. 1264/21 DATED
09-07-2021
Exhibit P7 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.C NO. 14059/2022,
DATED 26.04.2022
Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO. 10201/2023 DATED
23.06.2023
Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NO. 22799/2023
DATED 24.07.2023
Exhibit P10 TRUE PHOTOCOPY OF THE RESOLUTION NO.7
DATED 23.06.2023 OF 2NDRESPONDENT GRAMA
PANCHAYAT COMMITTEE
Exhibit P11 TRUE PHOTOCOPY OF THE RESOLUTION NO.11
DATED 30.10.2024 OF 2ND RESPONDENT -GRAMA
PANCHAYAT COMMITTEE
