ASHOK BHUSHAN, A.M.SHAFFIQUE
District Town Planner – Appellant
Versus
Antony Joseph – Respondent
Shaffique, J.
Since common issues arise for consideration in these appeals, they are heard and decided together.
2. WA No.109/2015 is filed by respondents 3 and 4, viz., the District Town Planner and State Government challenging judgment dated 21/1/2013 in WP(C) No. 28724/12. The writ petition was filed by the 1st respondent herein, who is hereinafter referred to as the petitioner, seeking for a direction to the Municipality as well as the District Town Planner to pass final orders in his application dated 11/9/2012. Petitioner also sought for quashing Ext.P1 by which the Municipality has referred his application to the District Town Planner for certain clarifications. Petitioner inter alia contended that being the owner of 20.23 Ares of property in Meenachil Taluk, he applied for construction of a building viz., a residential apartment complex, as per application dated 11/9/2012. His application was forwarded by the Secretary of the Municipality to the District Town Planner for certain clarifications in terms of Ext.P1. It is contended that a reference to the District Town Planner is contemplated only when the number of dwelling units proposed to be constructed exceeds 50
B.K. Srinivasan v. State of Karnataka [(1987) 1 SCC 658]
Francis v. Chalakudy Municipality [1999(3) KLT 560 (FB)]
I.T.C. Bhadrachalam Paperboards v. Mandal Revenue Officer [(1996) 6 SCC 634]
Joy Thomas v. Pala Municipality
Kannur Municipality v. Nafeesa Yousef (2015 (3) KLT 407)
Philip George v. State of Kerala (2014 (2) KLT 116)
Padmini v. State of Kerala (1999 (3) KLT 465)
Raju S. Jethmalani v. State of Maharashtra [(2005) 11 SCC 222]
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