IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 28741 of 2009(K) -------------------------- PETITIONER(S): --------------- A.JOY, D/O.AGATHAMMA, STAR WILL, TC 1/755, MEDICAL COLLEGE CAMPUS, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11. BY ADV. SRI.V.V.ASOKAN SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 3. TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 4. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATIO (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. R1 TO R3 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR R4, R5 BY GOVT. PLEADER SRI.T.T.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.28741/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SETTLEMENT DEED NO.1813/99 OF SRO, PATTOM. EXT.P2: TRUE COPY OF LOCATION SKETCH SHOWING LIE OF THE PETITIONER'S PROPERTY. EXT.P3: TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE OFFICE OF the 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28741 OF 2009 ------------------------------------------- Dated this the 5th day of August, 2010 JUDGMENT 1.The petitioner applied for a building permit. Going by the site plan, which is Ext.P2, the entire area has building, either existing building of the Medical college Campus or other buildings. Under such circumstances, it was inappropriate for the Corporation to have issued Ext.P4 without considering the ground realities and inviting the petitioner for a hearing in that regard. Therefore, it is ordered that following Ext.P4, the petitioner will appear before the Town Planning Officer of the Trivandrum Corporation who will provide him an opportunity of hearing and forward a report, if necessary, to the competent superior authorities in the Corporation and also respondent No.5, if the petitioner has to get an order of exemption. The decisions of this Court in Padmini v. State of Kerala [1999(3) KLT 465] and in Nazar P.K. v. Malappuram Municipality [2009(3) KLT 35] stand to WPC.28741/09 2 advise that though zoning is a matter that should regulate construction activities, there cannot be an irrational approach of refusing permit to one or a few when the whole area have lot of buildings. Hence, without expressing anything on merits, this writ petition is ordered directing that further action in terms of this judgment will follow from the Town Planner within a period of three months of production of a copy of this judgment. The petitioner will make appearance before the Town Planning Officer with a copy of this judgment and a copy of the writ petition so that the matter will be expedited. The writ petition is ordered accordingly. Sd/ THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/08.