Manoj Kumar vs State Of Kerala & Ors.

SOUMEN SEN, C.J.

We have heard the learned counsel for the parties extensively. The issue for consideration is whether the petrol pump permitted to operate falls within a residential area as designated under the local laws. As rightly pointed out by the learned counsel for the appellant, in the affidavit filed by the 12^th respondent, it has been categorically stated that no Master Plan, Detailed Town Planning Scheme or Interim Development Order applicable to Chelannur Grama Panchayat or any part thereof has been sanctioned by the Government under the Kerala Town and Country Planning Act, 2016. Consequently, land use zones such as residential or commercial zones have not been demarcated or enforced in the said area under the Act.

The learned Senior Government Pleader submits that the 12^th respondent, in the affidavit, particularly in paragraphs 9, 10 and 11, has confined the issue by stating that, in the absence of an operative Master Plan, Detailed Town Planning Scheme or Interim Development Order sanctioned under the Kerala Town and Country Planning Act, 2016, layout approval in the area is governed solely by the provisions of the Kerala Panchayat Building Rules, 2019, in accordance with which the lay out approval was granted. It is further submitted that the subject property does not fall within a residential zone as earmarked by a statutory Master Plan, Detailed Town Planning Scheme or Interim Development Order in force under the Kerala Town and Country Planning Act, 2016. Our attention is also drawn to a report submitted by the respondents (the District Collector and the Additional District Magistrate, Kozhikode) to demonstrate that the Secretary, Chelannur Grama Panchayat has certified that the proposed site is not a designated residential areas as per local laws. The relevant observations, to which our attention is drawn by the learned Senior Government Pleader, are as follows:

The learned Single Judge dismissed the writ petition in view of the judgment of the Hon’ble Supreme Court in Indian Oil Corporation v. V.B.R. Menon & Ors^{11.(2023) 7 SCC 368} holding that in view of the aforesaid order clarifying the residential area and the resident building, the main challenge does not exist as the implication of the said notification stands annulled. In fact, the Kerala State Pollution Control Board, in its affidavit, has disclosed a notification dated 18.02.2024, wherein the said issue has been clarified in the following manner:

This clarification is not under challenge. The writ petition was decided without the benefit of the reports and affidavits which are presently under consideration and which were filed pursuant to the order passed by this Court. In these circumstances, it is necessary for the concerned authorities to reconsider the objections raised by the appellant and to ascertain whether, under the local laws, the area in which permission has been granted to operate the petroleum pump can be considered as falling within the purview of a residential area. It is needless to mention that such characteristics are to be determined with reference to the local features, namely, the number of buildings and the nature of use of the properties in and around the area in which the petrol pump is permitted to operate. In other words, the predominant features and characteristics of the surroundings would be a relevant factor to be taken into consideration in designating the area as residential or otherwise. It is a factual exercise to be undertaken by the authorities concerned. It is in the interest of all local bodies as well as the State to undertake an exercise for clear demarcation of commercial and residential areas, so as to avoid any future controversy. The Secretary, Revenue Department shall decide the said issue conclusively within a period of eight weeks from the date. In deciding the matter, the authorities shall also take into consideration the report filed by the District Collector and the Additional District Magistrate, Kozhikode, dated 29.12.2025. All stakeholders shall be heard before a reasoned order is passed. The authorities concerned are directed to re-examine the issue, take a decision upon receipt of a copy of this judgment, and communicate the same to the appellant within a fortnight of such decision being taken.

The writ appeal is disposed of accordingly.