Court emphasized the need for compliance with zoning regulations in application decisions under the Kerala Town and Country Planning Act.

JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading Ext-P6 notice and to quash the same;

ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass orders on Ext-P4 Building Permit application dehors the defects noted by the 1st respondent vide Ext-P6 notice;

iii. dispense with the filing of English translations of the documents produced in vernacular language iv. issue such other writ, order or directions as this Hon’ble Court deems fit to be granted in the circumstances of the case including cost of the petitioners.

(SIC)

2. When this Writ Petition came up for consideration, the learned Senior Counsel who is instructed to appear in this case submitted that, in the light of the statement filed by 3rd respondent, the writ petition may be disposed of. Paragraphs 4 and 5 of the statement filed by the 3rd respondent is extracted hereunder:

“4. It is submitted that as per 62(3) of Kerala Town and Country Planning Act , 2016, “In cases where a sanctioned Master Plan and a published Detailed Town Planning Scheme exists in an area, the provisions of the sanctioned Master Plan shall prevail over the provisions of the published Detailed Town Planning Scheme”. As per the Kunnamkulam Municipal council resolution no.10/1 dated 20/09/2025, the published Master Plan for Kunnamkulam Town is approved by the council and decided to submit to the Government for final sanctioning.

5. It is submitted that as per Sl. No.23 of Chapter

29 -Zoning Regulations of the draft Master Plan for Kunnamkulam Town which is in due process of sanctioning states that “Only the existing areas under Public and Semi- public uses, Industrial uses and water bodies are intended to be included under Public and Semi-public use zone Industrial use zone and Water bodies respectively. If any private property put under uses other than those permitted or restricted in the above zones has got included within such zones, the Secretary may, with the concurrence of the Town Planner, after verification of the Revenue ownership documents, accord sanction for development by adopting the regulations of the surrounding land use zone in the proposed land use map, subject to the provisions as per applicable Acts, Rules and Government Orders in force in the State.” Once the Master Plan gets sanctioned, the above provision will address the grievances of the petitioner.”

3. Recording the above, the writ petition can be disposed of.

Therefore, this Writ Petition is disposed of in the following manner:

The 2^nd respondent is directed to consider Ext.P4 application for building permit, in the light of paragraphs 4 and 5 of the statement filed by the 3^rd respondent, as expeditiously as possible, at any rate, within a period of thirty days from the date of receipt of a certified copy of this judgment.

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