KANNUR MUNICIPALITY Vs. NAFEESA YOUSF

JUDGEMENT

(1.) Respondents 1 and 2 in W.P.C.No. 29402 of 2013 are the appellants, who challenge the judgment dated 14/2/2014, by which the learned single Judge allowed the writ petition filed by respondents 1 to 5 herein and directed the appellant Municipality to take appropriate decision on the application for building permit afresh.

(2.) The short facts involved in the writ petition are as follows:

(3.) Impugning the above judgment, the appellant contends that the reason given by the learned single Judge is contrary to the right of the Municipality to reject an application for building permit taking into consideration public interest. It is argued that a new Town Planning Scheme (for short "Master Plan") for Kannur Municipality is prepared and is pending approval before the competent authority and as per the said scheme, the proposal is to have a 21 meter road and unless sufficient open-space is available, it may not be possible for the Municipality to utilise the open-space for widening of the road. The appellants also produced certain documents along with I.A.No. 121/2015 as Annexure R1, which is a letter dated 08/11/2013 issued by the Chief Town Planner to the Municipality indicating that the modified draft plan with the remarks of Chief Town Planner is forwarded for Council's final approval and for taking further action to sanction the plan. The Municipality was requested to forward the plan to the Government for sanctioning through District Planning Committee taking into account the provisions of the Kerala Town and Country Planning Ordinance, 2013 (hereinafter referred to as Ordinance 51 of 2013). It is contended that the Municipality has suggested certain changes to be incorporated by the Chief Town Planner and accordingly by letter dated 21/02/2014, the Municipality has forwarded to the Chief Town Planner the suggestions for amendment. Certain clarification is sought by the Chief Town Planner by letter dated 15/03/2014 to which a reply dated 30/04/2014 has been sent and the matter is still pending with the Chief Town Planner. It is argued that since the Master Plan is being prepared in terms with the present Ordinance, the Master Plan published under Section 29 (4) of the Ordinance 51 of 2013 shall continue to be in operation until the plan is finally sanctioned.