V.UNNIKRISHNAN Vs. KOZHIKODE MUNICIPAL CORPORATION

JUDGEMENT

(1.) These two writ petitions challenge the orders rejecting applications for building permits relying upon the Detailed Town Planning Scheme (for short 'the DTP Scheme') for the area. As per the DTP Scheme, the properties of the petitioners, which are the subject matter of these two writ petitions, fall within the residential zone, while the petitioners had applied for a permit for construction of commercial buildings. Since the issues involved in both these writ petitions are the same, they are considered together and are disposed of by this common judgment.

(2.) Petitioners in W.P.(C) No.38879 of 2022 are the owners of 13.40 Ares of property in Re-Sy. No.649 of Block No.15 of Kasaba Village, Kozhikode while the petitioner in W.P.(C) No.36044 of 2022 is the owner of 2.5487 Ares of property in Re-Sy. No.298 of Block No.11 of Kasaba Village, Kozhikode.

(3.) In both cases, the properties are situated in residential zones as per the DTP Scheme, while the property involved in W.P. (C) No.38879 of 2022, is, as per the Master Plan, situated in a commercial zone and the property in W.P.(C) No.36044 of 2022 is situated in a commercial cum residential zone.