Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945 WA NO. 1795 OF 2022 AGAINST THE JUDGMENT DATED 27.05.2022 IN WP(C) 4531/2022 OF HIGH COURT OF KERALA APPELLANT/1ST RESPONDENT: MARADU MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KRL RD, KUNDANNOOR, MARADU. ERNAKULAM, KERALA, PIN - 682 304 BY ADV T.R.RAJAN RESPONDENTS/WRIT PETITIONERS AND 2ND RESPONDENT:
1 M/S. HEBRON PROPERTIES PRIVATE LTD, MARADU, ERNAKULAM, REPRESENTED BY IT'S DIRECTOR DEAN JAMES MATHEW, PIN - 682 304 2 M/S. AMV INFRASTRUCTURE AND PROPERTIES PRIVATE LIMITED DOOR NO.11/585 - F, 4TH FLOOR , AMV TOWER, KUNDANOOR JUNCTION, MARADU P.O, REPRESENTED BY ITS MANAGING DIRECTOR ANIL SHARMA, PIN - 682 304 3 DISTRICT TOWN PLANNER, LSGD PLANNING, DPC SECRETARIAT BUILDING, CIVIL STATION KAKKANAD, ERNAKULAM, PIN - 682 030 BY ADVS. NAVEEN THOMAS VIJAYALAKSHMI M U K.JAJU BABU (SR.)(K/116/1981) K.JOSE KURIAKOSE(K/389/1989) BRIJESH MOHAN(K/1851/1999) ..2..
SPL.GP-SMT.DEEPA K.R. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.03.2023, ALONG WITH WA.110/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945 WA NO. 110 OF 2023 AGAINST THE JUDGMENT DATED 27.05.2022 IN WP(C) 4531/2022 OF HIGH COURT OF KERALA APPELLANT/RESPONDENT NO.2 IN WPC: DISTRICT TOWN PLANNER, LSGD PLANNING, DPC SECRETARIATE BUILDING, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682 030 BY ADV GOVERNMENT PLEADER SPL.GP-SMT.DEEPA K.R. RESPONDENTS/PETITIONERS & RESPONDENT NO.1 IN WPC:
1 M/S HEBRON PROPERTIES PRIVATE LTD, MARADU, ERNAKULAM,PIN-682 304. REPRESENTED BY ITS DIRECTOR DEAN JAMES MATHEW, PIN - 682 304 2 M/S AMV INFRASTRUCTURE AND PROPERTIES PRIVATE LTD DOOR NO.11/585-F, 4TH FLOOR AMV TOWER, KUNDANOOR JUNCTION, MARADU.P,O., KOCHI-682 304. REPRESENTED BY ITS MANAGING DIRECTOR ANIL SHARMA, PIN - 682 304 3 MARADU MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KRL ROAD, KUNDANNOOR, MARADU, ..4..
ERNAKULAM-682 304. BY ADVS. NAVEEN THOMAS M.U.VIJAYALAKSHMI M U RAJAN T R K.JOSE KURIAKOSE(K/389/1989) K.JAJU BABU (SR.)(K/116/1981) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.03.2023, ALONG WITH WA.1795/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..5..
J U D G M E N T
A. Muhamed Mustaque, J These appeals have been preferred by the District Town Planner, Ernakulam and the Maradu Municipality. The learned Single Judge, in a writ petition filed by the respondent, quashed the orders of the Municipality refusing to renew the building permit already issued as early as on 11.06.2014. The reason stated was that the proposed construction is for residential apartment beyond 300 Sq. Mts. in an industrial zone and that cannot be permitted in the light of approved master plan.
2. The master plan in this matter has been approved as early as on 1981 and that was modified in the year 2007.
3. The learned Senior Counsel appearing for the respondent pointed out that only a few industrial units are existing in this zone and ..6..
the area has already been converted as non industrial area by usage. We directed the Municipality to produce the digital map and details of the building exists. This would indicate that the following buildings are
located: INDUSTRY 07 COMMERCIAL 49 EDUCATION 05 HEALTH SERVICE 02 HOSTEL 01 OFFICE 07 RELIGIOUS 18 RESIDENTIAL 855
4. The learned Single Judge noting that building permit has already been issued and the objection now raised is unsustainable, allowed the writ petition.
5. The learned Government Pleader submits
that when Town Planning Scheme is in force, it cannot be varied except through procedure referred to under the Kerala Town and Country Planning Act, 2016. In the Order dated 14.03.2023, we directed the Municipality to ..7.. reconsider whether area could be excluded from the Industrial Zone by passing resolution. Thereafter, the Municipality passed a resolution
on 20.03.2023 to exclude the area from the Industrial Zone. In that view of the matter, the rest of the procedure to be followed is a formality. The Government have to follow the
procedure under Chapter VIII of the Kerala Town and Country Planning Act, 2016 for varying the master plan by issuing a draft notification and the Government shall consider the objection, if any received on such draft notification. In the light of facts and circumstances, we dispose of these appeals with the following directions: i). The Municipality is directed to place a
copy of the resolution before the Chief Town Planner through the District Town Planner and place before the Government forthwith. The
process shall be completed within a period of three weeks. ..8.. ii) The Government shall take steps to publish the draft notification and shall call for the objections within a further period of sixty days. iii) If no objection is received, the entire process thereafter shall be concluded within a further period of two months. iv) In the meanwhile, taking note of the fact that the Municipality has already issued a building permit, the renewal shall be accorded to the appellant in the light of the impugned
judgment and the further construction would be
subject to the decision of the Government. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE PR