MUHAMED AMEER P.P. Vs. SECRETARY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) According to the petitioner, he is the owner in possession of 10 cents of property situate in R.S.No.94/5 of Thiruvangad Village, Thalassery Taluk, Kannur District. Petitioner applied for grant of building permit for construction of a house in the property. However, it was returned as per Ext.P2, stating the reason that, as per the Development Plan for Tellicherry Town Part Variation, 2007, a proposal for formation of a road through the petitioner's property is in existence, and therefore, the permit cannot be issued for construction of residential building. Thereupon, though petitioner has issued Ext.P3 notice to the Municipality, which was acknowledged by Ext.P4, offering the property for acquisition to the respondent Municipality, no decision has been taken by the Municipality in spite of the lapse of 60 days statutory period in accordance with Sec.67 of the Kerala Town and Country Planning Act, 2016. Therefore, according to the petitioner, the respondents are not at liberty to contend that in view of the Scheme, they are entitled to decline building permit application submitted by the petitioner.