High CourtsSingle Bench(2022) 03 KL CK 0130

T.R.Prithiviraj vs State Of Kerala

High Court Of Kerala · Decided on 18 March 2022

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C). 13278 Of 2021

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Judgment

5 paragraphs · 260 words

T.R.Ravi, J

1.

The prayer in this writ petition is for a direction to the 5th respondent to grant building permit to the petitioner.

2.

The Corporation has filed a counter affidavit stating that the property in which the building is sought to be constructed had been acquired by the Thrissur Urban Development Authority as a part of Land Reconstitution Scheme as per which 37% of the property of the petitioner was utilized for development and 63% was returned to the petitioner. It is submitted that as per the Kovilakathumpadam DTP Scheme, the property of the petitioner was included in the Mixed Use Zone. The statement says that the application for lay out approval for land development of the property having an extent of 459 cents could not be considered in the absence of necessary permission from Revenue Divisional Officer under KLU order. It is also stated that in Ext.P6 building permit, property in Sy.No.597 is shown, which according to the Corporation has not been returned to him.

2.

When the case is taken up today, the learned counsel for the Corporation submits that the area comes within the Land Reconstitution Scheme area and hence orders need not be obtained from the RDO and that the application submitted by the petitioner can be considered.

In the light of the above submission, this writ petition is disposed of directing the 5th respondent to consider and pass orders on the application for building permit submitted by the petitioner within 3 weeks from the date of receipt of a copy of this judgment.