IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 24657 of 2010(F) -------------------------------------- PETITIONER(S): ----------------------- 1. M.MOHAMMED RAFI, 31/18-1, SINCERE COTTAGE, PUDUPPALLY STREET, NOORANI P.O,PALAKKAD 2. SHAHEEDA P.S,31/18-1,SINCERE COTTAGE, PUDUPPALLY STREET, NOORANI P.O,PALAKKAD BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): -------------------------- 1. MUNCIPAL SECRETARY,PALAKKAD MUNICIPALITY, PALAKKAD.678 014 2. AGRICULTURAL OFFICER PALAKKAD MUNICIPALITY, PALAKKAD.678 014 3. VILLAGE OFFICER YAKKARA VILLAGE OFFICE, PALAKKAD.678 014 4. PALAKKAD MUNICIPALTIY ZONAL EXECUTIVE COMMITTEE, PALAKKAD.678 014 5. DISTRICT COLLECTOR, PALAKKAD.678 014 6. STATE OF KERALA REPRESENTED BY SECRETARY, LAND REVENUE DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP R2 & R3, R5 & R6 BY GOVERNMENT PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.24657/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PURCHASE DEED NO. 57871/09 OF THE SUB REGISTRAR OFFICE, PALAKKAD. P2 COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT. P3 COPY OF THE LAND TAX RECEIPT ISSUED BY THE 3RD RESPONDENT. P4 COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P5 COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT. P6 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N. RAVINDRAN,J. -------------------------------- W.P(C) No. 24657 of 2010 ----------------------------------- Dated this the 17th day of December, 2010 JUDGMENT The petitioners purchased an extent of 9.50 cents of land in Yakkara village as per Ext.P1 sale deed dated 17.09.2009. With a view to put up a residential building in the said land, they applied to the Secretary of Palakkad Municipality for a building permit. By Ext.P5 letter dated 29.09.2009, the Secretary of Palakkad Municipality informed the petitioners that as the land where they propose to put up the building is situated in an area ear marked to be maintained as paddy field as per the master plan approved by the Government, their application for building permit has been rejected. Ext.P5 is under challenge in this writ petition. The petitioners contend that for the past more than two decades the land which belongs to them has not been used as a WP(C) No. 24657 of 2010 2 paddy filed and that on the east and north of their land, residential buildings constructed after the year 1986 on the strength of building permits issued by the Palakkad Municipality have come up and therefore the rejection of their application for building permit is illegal. 2. A statement dated 29.10.2010 has been filed by the learned standing counsel appearing for the Palakkad Municipality, wherein it is stated that, the area where the land belonging to the petitioners is situate has been ear marked as paddy cultivation area in the master plan for Palakkad town and that once the town planning scheme is approved, it cannot be tinkered with by permitting construction of buildings violating the zoning regulations. The Palakkad Municipality has not however denied the petitioners' contention that building permits have been issued after the year 1986 for putting up WP(C) No. 24657 of 2010 3 buildings in the adjacent lands. 3. I heard Sri.Harisankar V.Menon, learned counsel appearing for the petitioners, Sri. V. Chitambaresh, learned senior counsel appearing for the Palakkad Municipality and Sri. K. Ramesh, learned Government Pleader appearing for the State of Kerala. It is evident from the plan appended to Ext.P4 application for building permit that within a distance of 300 meters from the petitioners' land residential buildings are in existence. The sketch also discloses that a housing colony by name Maithry Nagar is also situated close by. The sketch also discloses that the residence of the ex chairperson of Palakkad Municipality is situated near by. The Municipality has not denied the case of the petitioner that building permits have been issued after 1986 to persons owning lands in the neighborhood for putting up residential buildings. WP(C) No. 24657 of 2010 4 In such circumstances, I find no reason why the petitioners should be disabled from putting up a residential building in their land. I accordingly hold that the rejection of the petitioners' application for building permit cannot be sustained. In the result, I allow the writ petition, quash Ext.P5 and direct the Secretary of Palakkad Municipality to reconsider the petitioners' application for building permit and to take an appropriate decision there on in accordance with law, without reference to the reasons stated in Ext.P5, expeditiously and in any event within one month from the date on which the petitioners produce a certified coy of this judgment before him. sd/- P.N. RAVINDRAN, JUDGE. rkc //TRUE COPY// PA TO JUDGE.