IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943 WP(C) NO. 30647 OF 2015 PETITIONER:

KALLINGAL ABDUL KHADER AGED 60 YEARS S/O.PALLIYAN HAJI,KALLINGAL HOUSE, P.O.PALLIKKARA(BEKAL FORT),KASARAGOD-671316.

BY ADVS.

SRI.MAHESH V RAMAKRISHNAN SRI.S.UNNIKRISHNAN VARKALA RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT., LOCAL SELF GOVERNMENT DEPT, THIRUVANANTHAPURAM-695001.

2 KANHANGAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, P.O.KANHANGAD, KASARAGOD-671315.

3 ADDL.R3: THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CHAIRMAN, KANHANGAD MUNICIPALITY, P.O.KANHANGAD, KASARAGOD-671315.

(IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 19/6/17 IN I.A.NO.8987/17)

4 ADDL.R4: THE DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARGOD.

(IS IMPLEADED AS ADDL.R4 AS PER ORDER DATED // IN I.A.NO.4604/18).

5 ADDL.R5: THE REVENUE DIVISIONAL OFFICER, HOSDURG, KASARGOD – 670 315 (IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 10/02/22 IN I.A.NO.3/2022.

BY ADV SRI.T.K.VIPINDAS SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No. 30647 of 2015 --------------------------------

Dated this the 10^th day of February, 2022

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) To issue a Writ of Certiorari or any other appropriate Writ, order or direction, to call for the entire records culminated in Ext.P12 order and to quash the same;

(ii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the 2^nd respondent Municipality to grant building permit to the petitioner in his application for permit, in accordance with law within a time frame as may be fixed by this Hon'ble Court;

(iii) Award cost of these proceedings to the petitioners; and (iv) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. ”

2. It is submitted by the learned Government Pleader that the property of the petitioner is included in the Data Bank. In such circumstances, the petitioner submitted an application to change the nature of the land as evident by Ext.P16. The grievance of the petitioner is that the same is not considered by the additional 5^th respondent. The counsel submitted that the Municipality is not taking any steps because of the stand from the additional 5^th respondent. In the light of the above submission, I think there can be a direction to the additional 5^th respondent to consider Ext.P16 within a time frame and based on the same, there can be a direction to the Municipality to take consequential steps.

Therefore this writ petition is disposed of in the following manner:

(i) The additional 5^th respondent is directed to consider Ext.P16 and pass appropriate orders in it, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

(ii) Before passing final orders, the additional 5^th respondent will give an opportunity of hearing to the petitioner and the petitioner is free to produce additional documents, if necessary, before the additional 5^th respondent.

(iii) Based on the decision taken by the 5^th respondent, the petitioner can approach the 2^nd respondent and the 2^nd respondent will do the needful in accordance to law based on the same, as expeditiously as possible, notwithstanding Ext.P12.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 30647/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGD SALE DEED NO.3823 OF 1996,SRO, HOSDURG DATED

01-10-1996 EXHIBIT P2 TRUE COPY OF THE SITE PLAN OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER, BALLA EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DATED 31-07-1997 ISSUED BY THE 2ND RESPONDENT MUNICIPALITY TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 24-05-2001 ISSUED BY