S. SUBBALEKSHMY Vs. CORPORATION OF THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner is owner of 2.33 Ares of land situated in Block No.181 in Re-survey No.77 of Thycaud Village, Thiruvananthapuram. The petitioner seeks to direct respondents 1 and 2 to consider the application submitted by her on 27.11.2017 for grant of a building permit as modified in accordance with the building rules in force, without taking into account the SMP of 1971.

(2.) The petitioner states that she has purchased 2.33 Ares of land as per document No.526 of 2017 of SRO Chalai, Thiruvananthapuram. The property is situated on the northern side of Thaliyal - Karamana Road. The petitioner wanted to construct a new house, demolishing the existing dilapidated building. She submitted a building plan for approval before the 1st respondent-Corporation on 27.11.2017. The Building Inspector made a site visit. Thereafter, Ext.P1 communication dated 12.12.2017 was issued intimating the petitioner that providing staircase in the front open space is in violation of the provisions of the Kerala Municipality Building Rules, 1999 ('KMBR, 1999', for short). In Ext.P1, the petitioner was required to leave space to accommodate the proposed widening of the road as per Sanctioned Master Plan, 1971 (SMP, 1971).

(3.) The petitioner submitted Ext.P2 modified plan rectifying the defect as regards the staircase. The 2nd respondent-Town Planning Officer issued Ext.P3 communication dated 12.12.2018 affirming that the revised plan submitted is in tune with KMBR, 1999. However, the Town Planning Officer informed the petitioner that her application cannot be allowed since she has not left necessary space for widening the road as contemplated by SMP, 1971. The petitioner contends that several new buildings have come up in the same area during the decades since 1971. Ext.P3 communication is, therefore, absolutely illegal.