CHIEF TOWN PLANNER v. K.MOHANDAS,
Court: High Court of Kerala
Bench: HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE,HONOURABLE MR. JUSTICE S.MANU
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-23. CHIEF TOWN PLANNER v. K.MOHANDAS,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A. MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE S. MANU RD TUESDAY, THE 23 DAY OF JULY 2024 / 1ST SRAVANA, 1946 WA NO. 1316 OF 2019 AGAINST THE JUDGMENT IN WP(C) NO. 20390 OF 2016 OF HIGH COURT OF KERALA APPELLANT/S: CHIEF TOWN PLANNER TOWN AND COUNTRY PLANNING DEPARTMENT, NANTHANKODE, THIRUVANANTHAPURAM-695001. BY ADV K. P. HAIRSH, SR. G. P. RESPONDENT/S: 1 K. MOHANDAS, AGED 41 YEARS, S/O. KALATHIL KUMARAN, KALATHIL HOUSE, 7/217, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680503. 2 THE SECRETARY, KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, THRISSUR DISTRICT-680503. 3 KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM, THRISSUR DISTRICT-680503, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI. G. HARIHARAN SRI. PRAVEEN. H. SMT. K. S. SMITHA SMT. T. T. SHANIBA SRI. M. V. VIPINDAS SHRI. AMAL DEV D THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. A. No.
1316 of 2019 -2- J U D G M E N T rd Dated this the 23 day of July, 2024 A. Muhamed Mustaque, Acg. C. J. The State has come up with this appeal challenging the judgment of the learned Single Judge. An application for a building permit for the construction of a commercial building has been rejected by the Municipality noting that the area in question is a residential zone. The learned Single Judge, noting the existence of a large number of commercial buildings in the area and by the passage of time the area itself has been identified as a commercial area, ordered consideration of the building permit for the purpose of construction of commercial building. Aggrieved by the said direction, the State has come up with this appeal. 2. It is fairly admitted that commercial buildings have come up pursuant to the issuance of building permits. In such W. A. No. 1316 of 2019 -3- circumstances, we do not find any scope for interference. Accordingly, the writ appeal is dismissed. Sd/- A.
MUHAMED MUSTAQUE ACTING CHIEF JUSTICE Sd/- S. MANU JUDGE Eb
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