M.M. Shamsudeen vs Kozhikode Corporation, The Secretary, Kozhikode Corporation and The State of Kerala

P.N. Ravindran, J.—The petitioner, who owns a parcel of land in Ward No. V of Kozhikode Corporation, submitted an application under the Kerala Municipality Building Rules, 1999 to put up a residential building in that parcel of land. The said application was rejected by Ext.P2 order dated 17.8.2009 on the ground that the land falls within the area earmarked for residential purposes under the detailed town planning scheme. It is contended that the reason given by the Secretary of the Kozhikode Corporation to reject the application runs counter to the principles laid down by this Court in Nasar Vs. Malappuram Municipality, and in the order passed in R.P. No. 1073 of 2009 in that petition. Though respondents 1 and 2 have filed a counter affidavit, it is evident from the stand taken by them that till date steps have not been taken to notify the disputed land and the lands situated in the neighbourhood under the Land Acquisition Act for the purpose of the detailed town planning scheme referred to in Ext.P2. In such circumstances I am of the opinion that the issue raised in the instant writ petition is squarely covered in favour of the petitioner by the decision of the learned single Judge of this Court in Nazar v. Malappuram Municiplity (supra) as clarified in the order in R.P. No. 1073 of 2009 reported in Secretary to Government Vs. Nazar, . In that view of the matter it has to be necessarily held that Ext.P2 order cannot be sustained.

In the result I allow the writ petition, quash Ext.P2 and direct the Secretary, Kozhikode Corporation, to consider the application for building permit submitted by the petitioner in the light of the relevant rules and take an appropriate decision thereon expeditiously and in any way within one month from the date on which the petitioner produces a certified copy of the judgment before him. The petitioner shall pay the fee, if any, prescribed under the relevant rules within the time limit fixed by the Secretary of the Corporation.