IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 24^TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945 WP(C) NO. 6533 OF 2023 PETITIONERS:

1 P.H. BABU ANSARI S/O. HAMEED RAWTHER, PARAYIL HOUSE, THELLAKAM P.O., KOTTAYAM, PIN - 686030

2 P.H. AZAD S/O. HAMEED RAWTHER, PARAYIL HOUSE, THELLAKAM P.O., KOTTAYAM, PIN - 686030 BY ADVS.

SRI.V.V.ASOKAN (Sr.)

SRI.K.I.MAYANKUTTY MATHER SMT.T.K.SREEKALA SMT.S.PARVATHI RESPONDENTS:

1 THE MUNICIPAL COUNCIL KOTTAYAM MUNICIPALITY, YMCA ROAD, KOTTAYAM P.O., PIN - 686001 REPRESENTED BY ITS MUNICIPAL CHAIRPERSON

2 THE SECRETARY KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, YMCA ROAD, KOTTAYAM P.O., PIN - 686001 3 KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, YMCA ROAD, KOTTAYAM P.O., PIN - 686001

4 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT (URBAN), SOUTH BLOCK, SECRETARIAT, THIRUNANANTHAPURAM P.O., PIN - 695001

5 CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING, SWARAJ BHAVAN, 2ND FLOOR, NANTHANKODE, KOWDIAR P.O.

THIRUVANANTHAPURAM, PIN - 695003 BY ADVS.

SMT.K.AMMINIKUTTY, SR. GOVT. PLEADER SRI.C.S.MANILAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2023, THE COURT ON 24.11.2023 DELIVERED THE FOLLOWING:

“C.R”

BECHU KURIAN THOMAS, J. --------------------------------

W.P.(C) No.6533 of 2023 ---------------------------------

Dated this the 24^th day of November, 2023

JUDGMENT

Writ Petitioners seek directions to exclude their property from the category of ‘Park and Open space’ as stipulated in the Structural Plan/Master Plan for Kottayam. Petitioners also seek for a direction to accept their applications for building permits and to grant permissions to construct buildings without reference to the Master Plan.

2. Petitioners are the owners of an extent of 137.86 Ares and another 176.52 Ares of land in Block No.18 of Muttambalam Village, Kottayam. Petitioners allege that though the total area of 314.38 Ares is earmarked as ‘Park and Open Space’ in the Master Plan for Kottayam, which was sanctioned on 14.05.2020, the Municipality ought to have acquired the land for establishing the said park. Despite the lapse of two years from the date the Master Plan came into operation, the Municipality failed to take any steps to acquire the property. In such a situation, petitioners issued purchase notices under section 67(1) of the Kerala Town and Country Planning Act, 2016 (for short 'the Act'). Though the notices were served on the respondents on 02.12.2022, there has been no response and therefore, the statutory scheme contemplated under the said provision will apply. Petitioners also allege that their applications for building permits will have to be considered without regard to the Master Plan.

3. A statement has been filed on behalf of the respondents contending that the property was included in the Master Plan and is earmarked for ‘Park and Open Space’ and that no construction can be permitted. It is stated that if the petitioners have to carry out constructions, they have to get approval from the Chief Town Planner/the District Town Planner and that in the instant case, no such approval has also been obtained. The Municipality alleges that the notice produced in the writ petition is not a purchase notice prescribed under the Act. It was pointed out that, in the absence of a purchase notice issued in the prescribed form, as contemplated under the Statute, the Municipality has no obligation to consider such a notice. It was also submitted that the application for building permit submitted by the petitioners was dismissed on 11.08.2022 and that the same has not been challenged.

4. I have heard Sri.V.V.Asokan, learned Senior Counsel duly instructed by Sri.Anand Geo on behalf of the petitioners as well as Sri.C.S.Manilal, the learned Standing Counsel for the Municipality apart from Smt. K.Amminikutty, the learned Senior Government Pleader.

5. Admittedly, petitione