IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 8005 of 2011(A) ------------------------------------ PETITIONER(S): --------------------- A.K.SALEEM, "ARMAN", HOUSE NO.134/636, NEAR PULLAMBIL ROAD, P.O.CHIRAKKARA, THALASSERY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------ 1. THALASSERY MUNICIPALITY, REP. BY THE SECRETARY, THALASSERY-670101. 2. SECRETARY, THALASSERY MUNICIPALITY, THALASSERY-670101. 3. PLANNING COMMITTEE, REP. BY ITS CHAIRMAN, THALASSERY MUNICIPALITY, THALASSERY-670101. ADV. SRI.I.V.PRAMOD, SC FOR R1&R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 8005/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE JUDGMENT DATED 16.02.2004 PASSED BY THIS HONOURABLE COURT IN OP NO. 10123 OF 2003. P2 COPY OF THE RESOLUTION NO. 23 DATED 31.07.1993 PASSED BY THE FIRST RESPONDENT P3 COPY OF THE ORDER NO. ES.B.A. 14/05-06 DATED 20.06.2005J PASSED BY THE FIRST RESPONDENT P4 COPY OF THE ORDER NO. ES. B.A. 527/09-10 DATED 26.11.2009 P5 COPY OF THE REJECTED PLAN P6 COPY OF THE JUDGMENT DATED 20.09.2006 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO. 21297 OF 2006 P7 COPY OF THE PETITION DATED 06.02.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT P8 COPY OF THE PETITION DATE 02.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY P.A. TO JUDGE SD K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.8005 of 2011 --------------------------------------------- Dated this the 9th day of November 2011 JUDGMENT The petitioner has filed this writ petition challenging the action of the second respondent, Exts.P4 and P5 by which his application for building permit has been rejected. The petitioner's land is abutting a public road. The reason for the rejection of his building permit is that there is a proposal to widen the road to a width of 15 metres. The counsel for the petitioner points out that in the judgment dated 8.10.2007 in W.P.(c) No.27793 of 2007, this Court has, in similar circumstances, directed the issue of building permit subject to certain conditions that are stipulated in the said judgment. The conditions stipulated in the judgment referred to above are the following: i) The petitioner will submit fresh plan rectifying the 3rd mistake noted in Ext.P2 i.e. going by the plan the proposed leech pit socket shall not violate the KMBR Rules. ii) The petitioner will also file an affidavit WPC No.8005/2011 2 before the Municipality stating that in case the Municipality is able to facilitate the promulgation of a Notification under Section 4 (1) of the Act for the acquisition of any portion of the petitioner's property covered by the plan to be granted within 9 months of the Municipality getting copy of this judgment, the petitioner will not claim any compensation for the building to be put up by him pursuant to the permission to be granted pursuant to this judgment. iii) Once affidavit as directed above is filed by the petitioner and rectified plan is presented by him, the Municipality will pass fresh orders on the permit application. The proposal to acquire the property or any portion of the property for the proposed road widening for implementation of the development plan shall not be a ground for rejecting the plan. iv) It is also made clear that even after the period of 9 months if the Municipality feels any genuine public purpose to acquire the petitioner's property, this judgment will not stand in the way of acquiring the petitioner's property including the building. But under such an event the petitioner will be entitled for adequate compensation for the building also as per the Land Acquisition Act.” 2. The petitioner is also entitled to the issue of a building permit and sanction of a plan in compliance with the above directions, if it is otherwise in order. This writ petition is ordered accordingly. The plan and building permit of the petitioner shall be sanctioned within a WPC No.8005/2011 3 period of one month provided the petitioner satisfies the conditions stipulated above. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/