IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
PRABHAKARAN V.S – Appellant
Versus
THRISSUR MUNICIPAL CORPORATION – Respondent
WP(C) NO. 42948 OF 2022
| Table of Content |
|---|
| 1. property assigned for commercial use. (Para 2) |
| 2. court's observation on application merits. (Para 3) |
| 3. decision directing reconsideration. (Para 4) |
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other writ, order or direction to the second respondent to consider the and dispose the application of petitioner which leads to exhibit P3 communication and thereby grant building permit to the petitioner to construct a commercial building within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.
ii. Issue a writ of certiorari or any other writ, order or direction to call for the records leading to the exhibit P3 and set aside the same as illegal.
iii. Declare that the area in where the petitioner intended to construct the commercial building is not a residential zone as declared in the proposed DTP Scheme.
iv. 4. Such other writ, order or direction which this Honorable Court may deem fit and proper in the interest of justice and circumstances of the case.
v. Dispense with filing of translation of vernacular documents produced along with writ petition.
(SIC)
2. Petitioner purchased a property for the purpose of construction of a commercial building. The petitioner submitted an application for a building permit for commercial use. As per Ext.P3 communication, the Corporation informed that the property is included in the DTP Scheme and it is in the residential zone. Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation.
4. Today, when the matter came up for consideration, the Standing Counsel submitted that as per the new Master Plan, the property of the petitioner falls in the commercial core zone. If that is the case, the application is liable to be reconsidered by the Corporation.
Therefore, this Writ Petition is disposed of in the following manner:
1. Ext.P3 is set aside.
2. The 2nd respondent is directed to reconsider the building permit application, as expeditiously as possible,at any rate, within a period of thirty days from the date of receipt of a copy of this judgment.
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