HAMZA Vs. NILAMBUR MUNICIPALITY

JUDGEMENT

(1.) The petitioner, who is stated to be the owner in possession of 0.0091 & 0.0739 hectares of land comprised in Re-Survey No.50/2-11 & 50/2-10, respectively, of Nilambur Village and Taluk covered by Ext.P1 possession certificate, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dated 01.11.2018 issued by the 1st respondent, whereby the application dated 29.09.2018 made by the petitioner for building permit stands rejected on the ground that the building permit for commercial building could not be allowed due to the reason that the property is situated in the residential area as per the approved Town Planning Scheme. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to grant him building permit as per application dated 29.09.2018.

(2.) On 16.01.2019, when this writ petition came up for admission, the learned Standing Counsel for the 1 st respondent Municipality was directed to file counter affidavit.

(3.) Heard the learned counsel for the petitioner, the learned Standing Counsel for the Nilambur Municipality representing respondents 1 and 2 and also the learned Government Pleader appearing for respondents 3 and 4.