P.P.MANOJ KUMAR Vs. SECRETARY, THALASSERY MUNICIPALITY

JUDGEMENT

(1.) The petitioner, a resident of Thalassery, Kannur District, has filed the captioned writ petition contending that he owns some properties in the Thalassery Municipality as evidenced by Ext.P1 document of the year 2016. He further states that though an application seeking a building permit for the construction of a residential building was filed before the Municipality, the same is returned pursuant to Ext.P3 communication dtd. 30/5/2017, making reference to the development plan of the year 2007, as per which the property is included in the 'agricultural zone". It is further pointed out that since the property in question was included in the data bank under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'Act'), he approached the District Level Authorised Committee, pointing out that he does not have any other site for the construction of a residential building and the Committee by Ext.P4 dtd. 22/6/2018 found that the petitioner is to be permitted to fill the paddy land, for the limited purpose of construction of the residential building. It is with reference to the aforesaid proceedings at Ext.P4, the petitioner seeks to challenge the order at Ext.P3 referred to above.

(2.) I have heard Sri.R.Surendran, the learned counsel for the petitioner, and Sri.I.V.Pramod, the learned counsel for the respondent Municipality.

(3.) The learned counsel for the respondent Municipality seeks to rely on the judgment of a Division Bench of this Court in Regional Town Planner v. Muhammed Rasheed [2019 (3) KLT 433] to contend that the Municipality cannot consider the application for a building permit without reference to the zoning provisions under the development scheme. However, the learned counsel for the petitioner seeks to rely on the judgment of another Division Bench of this Court in State of Kerala v. Falcon Infrastructures Ltd. [2025 KLT OnLine 2155], to contend that the order at Ext.P4 needs to be extended the required effect, by construing the orders at Exts.P3 and P4 harmoniously.