Under Section 67 of the Kerala Town and Country Planning Act, 2016, if a local authority fails to initiate acquisition proceedings for land designated in a Town Planning Scheme within the statutory period following a purchase notice, the owner's right to property prevails, necessitating the processing of building permit applications.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J

The above Writ Petition (C) is filed with the following prayers:

" i. Issue a writ, order or direction in the nature of certiorari calling for the records pertaining to Exhibit P6, peruse the same and quash the same as illegal and arbitrary and unjust.

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to renew Exhibit P5 building permit.

iii. Dispense with the filing of English translation of Exhibit P1, P2, P3, and P6.

iv. Grant such other order or direction as this Hon’ble Court may deem fit and necessary, in the facts and circumstance of the case."

[SIC]

2. Petitioner is the absolute owner in exclusive possession and enjoyment of 7.1297 ares of land comprised in Survey Nos. 75/40 and 35/101 of Nellikode Village of Kozhikode Taluk. Petitioner wants to construct a building in the said property and obtained Ext.P5 building permit from the respondents in the year 2019, is the submission. However, the petitioner could not complete the construction due to COVID–19 pandemic and other financial stringencies, is the submission. The petitioner thereafter demolished the house in the property and submitted an application for renewal of building permit which was rejected as per Ext.P6. Aggrieved by the same, this Writ Petition is filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Corporation.

4. Counsel for the petitioner submitted that the petitioner issued a purchase notice as evident by Ext.P8, and no consequential order was passed on the same within 60 days. Therefore, that ground in Ext.P6 will not stand. It is also submitted that the property is not included in the data bank as evident by Ext.P7. Therefore the second ground mentioned in Ext.P6 also will not stand.

5. I think there is force in the argument of the petitioner. There is no dispute to the fact that the petitioner sent a purchase notice under Section 67 of the Kerala Town and Country Planning Act, 2016 (for short ‘the Act’). In light of the above undisputed facts and for the proper adjudication of the dispute, it is essential to refer to Section 67 of the Act, which reads as follows:

“67. Obligation to acquire land in certain cases. - (1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, within such time and in such manner, as may be prescribed, a notice (hereinafter referred to as "the purchase notice") requiring the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to purchase the interest in the land in accordance with the provisions of this Act;

(2) On receipt of any purchase notice under sub-section (1), as soon as possible, but not later than sixty days from the date of receipt of the purchase notice, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, through a resolution decide to acquire the land, where the land is designated for compulsory acquisition for the purpose of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat………….”

6. While construing Section 67 of the Act, in a case of identical nature, a Division Bench of this Court in District To