The court emphasized that if a structural plan is not enforced, decisions based on it cannot be upheld.

JUDGMENT

Dated this the 22nd day of August, 2022 The petitioner is before this Court seeking to quash Exts.P7 and P8 and to direct respondents 3 to 5 to issue lay out approval as sought for by the petitioner in Ext.P5 without referring to the objections in Exts.P7 and P8.

2. The petitioner is owner of 46.60 Ares of landed property situated in Vazhakkala Village within the territorial limits of the Thrikkakara Municipality. The petitioner states that the land in question is dry land. When the petitioner submitted application for layout approval for building construction, the same was not entertained by the Municipal Authorities holding that the land is included in the Agricultural Zone as per the Structural Plan for Central City of Kochi.

3. The petitioner would submit that the documents in possession of the petitioner issued by the Revenue Authorities would clearly indicate that the land in question is a dry land. This Court has consistently taken a view that the Structural Plan for Central City of Kochi has not been implemented so far to Thrikkakara Municipality. Therefore, the stand taken by the respondents is illegal and unsustainable. The petitioner is entitled to reliefs as has been extended to other similarly situated persons in Thrikkakara Municipality as evidenced by Exts.P15 and P16 judgments.

4. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel opposed the allegations made by the petitioner in the writ petition. It was submitted on behalf of the Municipality that the Town Planner has taken a stand that if any property is included in the Agricultural Zone in the Structural Plan for Central City of Kochi, then no permission can be granted for construction of buildings, either residential or commercial. As long as the Town Planner and other Governmental Authorities are taking such a stand, the Municipal Authorities cannot depart from their directions.

5. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2 and the learned Standing Counsel representing the Municipal Authorities.

6. This Court has held in a number of cases that the Structural Plan for Central City of Kochi is not implemented so far as far as the Thrikkakara Municipal area is concerned. Exts.P14 to P16 judgments would support this conclusion. Exts.P1 to P3 would show that the land possessed by the petitioner is a dry land. In view of the judgments delivered by this Court in similar cases, this writ petition is also liable to be allowed.

In the circumstances, the writ petition is allowed and there will be a direction to respondents 3 to 5 to consider the layout approval sought for by the petitioner as per Ext.P5 without reference to Exts.P7 and P8 and take a decision thereon, in accordance with law, within a period of one month.

Sd/-

N.NAGARESH JUDGE spk APPENDIX OF WP(C) 25867/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.187/2007 DATED 15/01/2007 OF THRIKKAKARA SUB REGISTRY OFFICE.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.185/2007 DATED 15/01/2007 OF THRIKKAKARA SRO.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05/03/2022 ISSUED BY THE VILLAGE OFFICER, VAZHAKKALA.

Exhibit P4 TRUE COPY OF THE LOCATION SKETCH DATED

02/02/2022 ISSUED BY VILLAGE OFFICER, VAZHAKKALA FOR PROVING THE PLACE WHEREIN THE PROPERTY IS SITUATED.

Exhibit P5 TRUE COPY OF THE PLAN OF THE PROJECT.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED

06/04/2022 EVIDENCING THE SUBMISSION OF EXT.P5.

Exhibit P7 TRUE COPY OF THE NOTICE DATED

19/04/2022 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, THRIKKAKARA MUNICIPALITY.

Exhibit P8 TRUE COPY OF THE NOTICE DATED

04/05/2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE JUDGEMENT DATED

27/05/2015 IN WP(C) NO.1551 OF 2015 OF THIS HON'BLE COURT.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED

26/10/2016 IN WRIT APPEAL NO.559/2016 OF THE DIVISION BENCH OF THIS HON'BLE COURT.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED

23/03/2020 IN WP(C) NO.90