MAHINKUTTY Vs. PERUMBAVOOR MUNICIPALITY

JUDGEMENT

(1.) The petitioner is aggrieved with Exhibit P9 order passed by the Senior Town Planner refusing to consider the building permit application filed before the respondent-Municipality for extension of an existing building; in the property owned by the petitioner, which was obtained as per Exhibit P1 settlement deed. By Exhibit P1, the petitioner obtained 20.70 Ares of property, comprised in old survey No.310/17-1 [New Survey No.20] of Perumbavoor Village. The land is existing as a dry land, as is evidenced from Exhibit P2 possession certificate and Exhibit P2(a), extract of the Basic Tax Register [BTR]. There was existing a building thereon, for which tax was paid to the Municipality as per Exhibit P3. An industry was also established in the said land, on the strength of Exhibit P4 certificate issued by the Department of Industries, Government of Kerala.

(2.) The petitioner wanted an extension of the building, for which an application was filed at Exhibit P5. This was again for the purpose of expanding the commercial establishment already existing in the building. Exhibit P6 is the Consent to Operate issued by the Kerala State Pollution Control Board [for brevity "PCB"] and the No Objection Certificate issued by the District Medical Officer of Health, are seen at Exhibit P7 and P7(a). The Fire and Rescue Services Department also issued a No Objection Certificate, as is seen from Exhibit P8. The petitioner is carrying on a recycling unit of plastic.

(3.) The petitioner's application was forwarded to the Senior Town Planner, Ernakulam; which was declined as per Exhibit P9, which is impugned in the writ petition. Exhibit P9; for declining the building permit, cites the reason of the area being covered under a master plan proposed for Perumbavoor town as per G.O.(Rt) No.2544/98/LAD dated 22.10.1998. According to the Senior Town Planner, the master plan indicates that only certain constructions are allowed in the particular area which is reserved for agricultural and horticultural uses, pastures, grazing grounds, fodder cultivation, fish farming, seed farming, diary and poultry and so on and so forth.