ANWAR P.K. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P10 whereby the special surrender committee of Thrissur Municipal Corporation has declined special permission to the petitioner to construct a building by providing concession from the Kerala Municipality Building Rules, 1999. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner along with his brother are the owners of an extent of 384.5 cents of property situate in Survey No.48/1 of Koorkkencherry Village and Survey No.153P and 154/2 of Chiyyaram Village, Thrissur District, covered by registered document Nos.64 and 2964 of 2005 of S.R.O., Thrissur. The said properties were earlier under an order of acquisition for the implementation of Kannankulangara-South Extension Scheme. The Trichur Urban Development Authority, however, refused to deposit the award amount and the acquisition proceedings finally had to be dropped. The Government imposed a levy by way of establishment charges for an amount of Rs.18,78,347/- upon the Urban Development Authority. The Authority forcefully recovered the said amount from the land owner as a prelude for dropping of acquisition proceedings. So also, the land owner was also compelled to surrender 29.5 cents of property for the purpose of the widening of a road.

(3.) Petitioner who is an assignee against whom the acquisition proceedings were earlier initiated, is entitled to the benefit of Chapter XI of Kerala Municipality Building Rules, 1999 [for short, 'the Rules, 1999'], which, according to the petitioner, is in the light of the decision rendered by this Court in ' Rekha Babu v. State of Kerala ' [2008 (2) KLT 695], wherein it was held that, the benefits under Chapter XI is on the land and flows along with it. Petitioner had purchased the land along with the benefits that flow out of Chapter XI by paying the value for the land surrendered free of cost by the predecessor-in-interest.