Kerala High Court
Anna Eapen Gopal vs State Of Kerala on 5 October, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940
WP(C).No. 4306 of 2016
PETITIONER/S:
ANNA EAPEN GOPAL
AGED 51 YEARS
W/O. LATE RAJAN GOPAL, TC. 14/118(2), HILL TOP
GARDEN, THIRUVANANTHAPURAM.
BY ADVS.
SRI.RENJITH THAMPAN (SR.)
SMT.P.R.REENA
SRI.C.P.PRADEEP
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, (URBAN AFFAIRS), SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2 THE CHIEF TOWN PLANNER
OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM,
PIN 695001.
3 THIRUVANANTHAPURAM CORPORATION
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
THIRUVANANTHAPURAM, PIN 695001.
R1 & R2 BY SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER
R3 BY ADVS.SRI.N.NANDAKUMARA MENON (SR.)
SRI.P.K.MANOJKUMAR SC TVPM CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.10.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 4306 of 2016 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
'i. Call for records leading to Ext.P8, P10 and P11 and issue a writ in the nature of certiorari quashing Ext.P8, P10 and P11.
ii) Declare that Ext.P11 Master Plan of Thiruvananthapuram Medical College Area is non est. and without jurisdiction, in view of Ext.P7 Master Plan for the entire Thiruvananthapuram Corporation area.
iii) Issue a writ in the nature of mandamus commanding the respondents to grant building permit as applied for by the petitioner as per application dated 01.10.2015 within such time as may be fixed by this Hon'ble Court.
iv) Issue a writ in the nature of mandamus commanding the respondents to re-notify the Master Plan for the entire Thiruvananthapuram Corporation Area with necessary modifications as per the provisions contained in the Town and Country Planning Ordnance and also to earmark petitioner's property as Residential Zone in the Proposed Land Use Map with ten meter Green Buffer on the side of the natural drain passing through the southern side of petitioner's property, within such time as may be fixed by this Hon'ble Court.
v. issue such other orders, writs or directions WP(C).No. 4306 of 2016 3 as are deemed fit by this Hon'ble Court. vi. award cost of this proceedings to the petitioners.'
2. Petitioner has submitted a building permit application to construct a multi-storied apartment in the property having an extent of 53.24 Ares situate in Sy.No.1485/8 of Kadakampally Village, Thiruvananthapuram district. However, the 3rd respondent has issued Ext.P8 communication dated 31.10.2015, stating that the property in question is situated within the Medical College Master Plan and in the residential zone and agricultural zone and therefore, the permit application submitted by the petitioner cannot be considered.
3. A detailed counter affidavit is filed by the Corporation and also the Chief Town Planner. However, I am not going into the entirety of the recitals in the counter affidavit, in view of the developments that have taken place during the pendency of this writ petition. Draft scheme submitted by the Municipality is pending consideration before the State Government and in the interregnum, in order to tackle the situation with respect to the pending permit application, Government has issued an Interim Development Order namely, Ext.P14 WP(C).No. 4306 of 2016 4 directing the local bodies to consider the application in accordance with the stipulations contained therein. Learned counsel for the petitioner submitted that situation would suffice if a direction is issued to the 3rd respondent to consider the permit application, taking into account, the directives and stipulation contained under Ext.P13.
4. Having heard respective counsel across the Bar and perusing the pleadings and the documents on record, there will be a direction to the Secretary of the 3rd respondent to consider the building permit application submitted by the petitioner, taking into account, Ext.P14 Interim Development Order issued by the State Government and attain finality at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 06.10.2018 WP(C).No. 4306 of 2016 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1- TRUE COPY OF THE BASIC TAX RECEIPT DATED 20-08-2015.
EXHIBIT P2 EXHIBIT P2- TRUE COPY OF THE APPLICATION DATED 06-09-2012 FILED BY THE PETITIONER BEFORE THE CHIEF TOWN PLANNER.
EXHIBIT P3 EXHIBIT P3- TRUE COPY OF THE LETTER DATED 10-12-2012 OF THE CHIEF TOWN PLANNER.
EXHIBIT P4 EXHIBIT P4- TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT DATED 02-01-2013.
EXHIBIT P5 EXHIBIT P5- TRUE COPY OF THE INTIMATION DATED 08-02-2013 OF THE GOVERNMENT TO THE CHIEF TOWN PLANNER.
EXHIBIT P6 EXHIBIT P6- A MAP SHOWING THE EXISTING DEVELOPMENTS AROUNG THE PETITIONER'S PROPERTY DAND OVERLAY OF THE PART MAP OF THE REVISED PROPOSED LAND USE OF REVISED SANCTIOND MASTER PLAN FOR THIRUVANANTHAPURAM MEDICAL COLLEGE AREA.
EXHIBIT P7 EXHIBIT P7- TRUE COPY OF THE SAID NOTIFICATION GO(MS)NO. 107/LSGD/13 DATED 19-3-2013.
EXHIBIT P8 EXHIBIT P8- TRUE COPY OF THE INTIMATION DATED 31-10-2015 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION.
EXHIBIT P9 EXHIBIT P9- TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 21-2-2013.
EXHIBIT P10 EXHIBIT P10- TRUE COPY OF THE G.O. (MS)NO. 53/14/LSGD DATED 26-2-2014.
EXHIBIT P11 EXHIBIT P11- TRUE COPY OF THE NOTIFICATION DATED 20-12-2014 SANCTIONING THE MASTER PLAN FOR MEDICAL COLLEGE AREA WITH PROPOSED LAND USE MAP. EXHIBIT P12 EXHIBIT P12- TRUE COPY OF THE PROPOSED LAND USE MAP OF THE GOVERNMENT WP(C).No. 4306 of 2016 6 SANCTIONED REVISED MASTER PLAN FOR THIRUVANANTHAPURAM MEDICAL COLLEGE AREA. EXHIBIT P13 TRUE COPY OF GO(MS) NO.180/2017/LSGD DATED 11.9.2017 EXHIBIT P14 TRUE COPY OF THE PROPOSED LAND USE 2031 ISSUED PURSUANT TO EXT.P13 GOVERNMENT ORDER RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE