MAYMUNATH V.B Vs. STATE OF KERALA

JUDGEMENT

(1.) If a purchase notice is issued as per Sec. 67(1) of the Kerala Town and Country Planning Act, 2016 (for short, Act 2016) by a land owner and after that, if the local authority initiated steps for variation of the plan in accordance with Sec. 67(4) of the Act 2016, whether the local authority can consider the building permit application before the competent authority finalises the variation is the question to be decided in this case.

(2.) The facts of the case are as follows: Petitioner is the owner and is in possession and enjoyment of 0.0172 hectares of land situated in Survey No.T.S.90, Ward No.3, Block No.3 in Vadikkakam Desom in Thalassery Taluk of Kannur District. The petitioner obtained the above said property vide Settlement Deed No.1169/16 of Thalassery Sub Registrar Office. After that, the petitioner submitted an application for a building permit before the 2nd respondent for constructing a house in the said property on 21/1/2017. The 2nd respondent rejected the petitioner's application for a building permit, stating that there is a proposed road widening plan as per the Development Plan for Tellicherrry Variation 2007. Ext.P3 is the order passed by the 2nd respondent. According to the petitioner, even though the plan was launched in the year 2007, it is not implemented so far. The petitioner submitted Ext.P4 representation narrating her grievances, but the same was not considered. Under such circumstances, the above writ petition is filed with the following prayers:

(3.) Subsequently, the petitioner issued a purchase notice under Sec. 67(1) of the Act 2016, which is produced as an additional document in this writ petition as Ext.P7. After that, this Court, as per the order dtd. 16/12/2020, directed the Municipal Council to consider that application. The order dtd. 16/12/2020 is extracted hereunder: