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Judgment
T.R. Ravi, J
The writ petition has been filed praying for a direction to the 2nd respondent to grant building permit to the petitioner as applied for in Ext.P7 application without insisting on a separate permission under Clause 6(2) of the Kerala Land Utilisation Order (KLU Order for short) to construct a commercial building. The issue is no longer res integra. (see Shahul Hameed V. Principal Secretary, Local Self Government and Others reported in [(2018 (2) KHC 48 (DB)] and the decision in WP(C) No.16536/2018). The reason stated in Exts.P8 & P11 is that the petitioner should produce “commercial KLU” in his name. The petitioner has produced Exts.P2 & P3 orders which are already issued under Clause 6(2) of the KLU order. As such, it cannot be insisted that every transferee should produce a fresh KLU order in his name. It is also pointed out that going by Ext.P6, the area is coming under the special category residential building zone. Specific reference is made to Clause 13(1) of Ext.P6, which permits construction of commercial buildings as well. Exts.P8 & P11 cannot be sustained to the extent they insist on a “commercial KLU”.
In the result, the writ petition is allowed. The 2nd respondent is directed to consider Ext.P7 application submitted by the petitioner and grant the building permit, if the petitioner is otherwise entitled. Exts.P12 & P13 judgments shall be kept in mind while issuing orders. It is open for the 2nd respondent to verify whether the land where the petitioner proposes to make the construction comes under Clause 13(1) of Ext.P6. Necessary orders shall be issued within one month from the date of receipt of a copy of this judgment.