S. SUBBALEKSHMY Vs. CORPORATION OF THIRUVANANTHAPURAM

JUDGEMENT

(1.) This appeal is filed against judgment dated 22/3/2019 in WP(C) No.6447/18 by which the learned Single Judge having rejected the relief of the petitioner seeking a direction to quash Ext.P3, permitted the petitioner to submit an application u/s 67 of the Kerala Town and Country Planning Act, 2016 (hereinafter referred to as the '2016 Act').

(2.) Learned counsel for the appellant Sri. G.S. Raghunath contends that the finding of the learned Single Judge that the 1971 Master Plan still holds the field cannot be sustained in view of the fact that an interim development plan had come into force after promulgation of 2016 Act.

(3.) The facts involved in the case would disclose that the petitioner being an owner of 2.33 Ares of land in Thycaud Village, Thiruvananthapuram applied for a building permit before the Thiruvananthapuram Corporation which was rejected as per Ext.P2 notice dated 12/12/2017 stating that there is a proposal to widen the road by 21 metres and the staircase provided in the front open space is in violation of Kerala Municipality Building Rules, 1999. She was asked to submit a revised plan. A revised plan was submitted by the petitioner, which again came to be rejected as per Ext.P3 notice dated 12/2/2018 stating that the revised plan does not take care of the proposed road widening of 21 metres and therefore the application cannot be considered.