SUJATHA AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER challenges Exts.P8 and P9 orders issued by the Chief Town Planner. Ext.P8 is an order issued by the Government stating that since the property of the petitioner is situated in the green strip zone as informed by the Regional Town Planner and Chief Town Planner no exemption for construction could be granted as per the direction in the judgment of the Division Bench of the High court. Ext.P9 is a letter issued by the Chief Town Planner to the petitioner stating that the property in which he had applied for renewal of building permit comes within the green zone of the master plan and therefore the petitioner was directed to approach the Corporation for necessary orders.

(2.) THE facts of the case disclose that the petitioner, who is the owner of certain item of land had obtained building permit for construction of commercial establishment and later on it seems that by Ext.P5 building permit dated 27.04.2006 she had obtained permit for constructing ground floor and three floors in an extent of 26.50 cents of land belonging to her situated in survey No.1513/2 of Pettah village, Thiruvananthapuram District.

(3.) IN fact the contention of the learned counsel appearing for the petitioner is that in so far as the building permit had already been granted by way of Ext.P5, there is no reason why the permit should not be renewed to enable the petitioner to complete the construction. According to the learned counsel the scheme referred to in Ext.P9 and zoning regulations for Trivandrum city had come into force only in 2007 by Notification GO(MS)144/07/LSGD dated 31/05/2007 and since the building permit had been issued prior to the said notification coming into effect, so far as the renewal of permit is concerned, the notification will have no effect and it is incumbent on the part of the Corporation to renew the permit despite the notification which came into force with effect from 31/05/2007. It is further argued that a learned single judge of this court in Shivaprasad Vs.State of Kerala (2011(1) KLT 690) had opined that the Kerala Municipality Act and the Building Rules, framed there under over rides the provisions of the Town Planning Act 1939 and the Madras Town Planning Act 1920. In other words, the Municipality Building Rules continues to apply de-hors whatever scheme framed under the Town Planning Acts mentioned above.