RAJAGOPAL Vs. CHIEF TOWN PLANNER AND MEMBER SECRETARY

JUDGEMENT

(1.) The case of the petitioner is that he is owning 10 cents of property in Sy.No.560/399 of Vanchiyoor Village, Thiruvananthapuram Taluk. He had submitted an application before the 2nd respondent-Thiruvananthapuram Municipal Corporation for issuance of a building permit for constructing a commercial building in the year 2003. Later, a revised plan was submitted in that regard on 25.4.2013. Since there was long delay in the issuance of the building permit the petitioner was constrained to approach the Tribunal for Local Self Government Institutions for adjudicating the issue in the matter of issuance of building permit. This led to Ext.P-1 order by the Tribunal for Local Self Government Institutions rendered on 23.6.2014 in Appeal No.1081/2013 instituted by the petitioner herein. By Ext.P-1, the Tribunal disposed of the petitioner's appeal by directing that the petitioner has to file a fresh application with required plan within 15 days and thereafter the 2nd respondent-Thiruvananthapuram Municipal Corporation was directed to dispose of the application within one month from the date of receipt of the application of the building permit. It is averred that the petitioner had submitted the revised application in compliance with the directives of the Tribunal in Ext.P-1 order and the 2nd respondent-Corporation had referred the matter in relation to the petitioner's application for issuance of a building permit to the 1st respondent-Chief Town Planner and Member Secretary of Art and Heritage Commission for necessary concurrence as the construction proposed by the petitioner is in the notified Heritage Zone. The 1st respondent issued Ext.P-2 proceedings dated 27.6.2016 granting necessary concurrence to the 2nd respondent-Corporation in the matter of issuance of building permit, subject to the general conditions and special conditions mentioned therein. In Ext.P-2, the 1st respondent Heritage Commission has granted approval/concurrence for issuing building permit to the petitioner subject to satisfying the Kerala Municipality Building Rules, 1999 (hereinafter referred for short as 'the KMBR, 1999'), and the other conditions mentioned therein including the condition therein that permission granted to the petitioner is not transferable and if the plot is transferred in any circumstances, the concurrence given by the 1st respondent as per Ext.P-2 for issuance of building permit will stand automatically cancelled. The petitioner has no grievance in all the general conditions and special conditions stipulated by the Heritage Commission in Ext.P-2 except the condition therein which reads as follows:

(2.) Quash Ext-P2 to the extend it restrains the petitioner from transferring permission and the plot in which the concurrence is given for constructing building;

(3.) Issue a writ of mandamus, any other writ or order or direction to the 2nd respondent to consider and pass order on the application of the petitioner for issuing building permit in 10 cents of property in Sy.No.560/399 of Vanchiyoor Village of Thiruvananthapuram Taluk without imposing restriction on transfer of the property and building permit.